What happens if I miss the maintenance fee payment and grace period?
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501: “The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown…
Read MoreWhat happens if a maintenance fee is paid in the wrong amount?
If a maintenance fee is paid in the wrong amount, the following applies: If the fee paid is insufficient, the patent will expire unless the remaining balance is paid within the grace period along with any surcharge. If the fee paid exceeds the required amount, a refund may be requested. As stated in MPEP 2575:…
Read MoreWhat is the process for reviewing a decision refusing to accept and record a maintenance fee payment?
The process for reviewing a decision refusing to accept and record a maintenance fee payment is outlined in 37 CFR 1.377. This regulation provides a mechanism for patentees who are dissatisfied with the refusal of the Patent and Trademark Office to accept and record a maintenance fee filed prior to patent expiration. According to the…
Read MoreWhat happens if a maintenance fee due date falls on a weekend or holiday?
When a maintenance fee due date falls on a weekend or federal holiday in the District of Columbia, the payment can be made on the next business day without penalty. The MPEP 2506 states: “If the day for paying a maintenance fee falls on a Saturday, Sunday, or a federal holiday within the District of…
Read MoreWhat happens if a maintenance fee is paid during the grace period?
What happens if a maintenance fee is paid during the grace period? If a maintenance fee is paid during the 6-month grace period following the due date, it will be subject to a surcharge. According to MPEP 2506: “A maintenance fee may be paid without surcharge at any time during the 6-month period preceding each…
Read MoreWhat happens if a maintenance fee payment is late or insufficient?
If a maintenance fee payment is late or insufficient, the USPTO will send a notice (e.g., a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142)) to the fee submitter. The patent owner must reply to this notice before the grace period expires to avoid patent expiration. According to MPEP 2531: “If the Office considers a…
Read MoreHow long does an interim extension last?
How long does an interim extension last? According to MPEP 2755.01, the duration of an interim extension is limited: “An interim extension granted under 35 U.S.C. 156(e)(2) terminates at the earlier of the expiration of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, or…
Read MoreWhat is the deadline for filing an application for interim extension?
What is the deadline for filing an application for interim extension? The deadline for filing an application for interim extension is specified in MPEP 2755.01: “The application for interim extension must be filed during the period beginning 6 months and ending 15 working days before the patent is due to expire.” This timeframe ensures that…
Read MoreHow long can an interim extension last?
According to MPEP 2755.01, interim extensions can be granted for periods of up to one year each. The MPEP states: “The length of any interim extension is discretionary with the Director so long as it is for one year or less. Its length should be set to provide time for completion of any outstanding requirements.“…
Read MoreHow is the period of enforceability for a patent determined?
The period of enforceability for a patent is generally determined by adding 6 years to the patent’s expiration date. However, this period may be extended if there is pending litigation. As stated in MPEP 2211, “if litigation is instituted within the period of the statute of limitations, requests for reexamination may be filed after the…
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