What constitutes “unintentional delay” in paying maintenance fees?

“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590: “A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the…

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Can a patent be reinstated after expiration due to non-payment of maintenance fees?

Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement: “The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.” Key points about patent reinstatement: A petition for reinstatement must be filed within…

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How do intervening rights affect patent infringement claims?

Intervening rights can significantly affect patent infringement claims in the following ways: They provide a defense against infringement for certain activities during the lapse period Absolute intervening rights protect specific items made, purchased, or used before reinstatement Equitable intervening rights may allow continued practice even after reinstatement They can limit the damages or remedies available…

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How can I file a petition for delayed payment of maintenance fees?

To file a petition for delayed payment of maintenance fees, follow these steps according to MPEP 2590: Use form PTO/SB/66, available on the USPTO forms website. Mark the front page of the communication “Attention: Office of Petitions”. Address the petition to:Mail Stop PetitionCommissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450 Include the required maintenance fee, petition…

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How do courts determine the extent of intervening rights?

Courts have discretion in determining the extent of intervening rights granted in cases involving reinstated patents. According to MPEP § 2591, courts consider several factors: The nature and extent of activities during the lapse period Investments made or business commenced during this time Equitable considerations for protecting these investments The MPEP states: “A court before…

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How does the court determine equitable intervening rights?

The court determines equitable intervening rights based on several factors. According to MPEP 2591: “The court is to determine whether the terms are reasonable under the circumstances, and here the court should take into consideration the investments necessarily made or business commenced before the revival of the patent.” Factors that the court may consider include:…

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