What form should I use to petition for acceptance of a late maintenance fee payment?
If you need to petition for acceptance of a late maintenance fee payment, you should use Form PTO/SB/66. According to MPEP 2595: “Form PTO/SB/66 (“Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent ( 37 CFR 1.378(b) )”) may be used to file a petition under 37 CFR 1.378(b).” This form…
Read MoreWhat is the grace period for paying maintenance fees?
The grace period for paying maintenance fees is specified in 37 CFR 1.362(e). While MPEP 2531 doesn’t explicitly state the duration of the grace period, it references this regulation: “Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the…
Read MoreWhat is the “due care” standard for reinstating reduced patent term adjustment?
The “due care” standard for reinstating reduced patent term adjustment is higher than the ordinary due care standard. According to the MPEP, “the phrases ‘all due care’ and ‘unable to respond’ invoke a higher degree of care than the ordinary due care standard of 35 U.S.C. 133, as well as the ‘reasonable efforts to conclude…
Read MoreCan an applicant reinstate canceled non-elected claims after a restriction requirement is withdrawn?
Yes, an applicant can reinstate canceled non-elected claims under certain conditions after a restriction requirement is withdrawn. According to MPEP 821.04(a): “The canceled, nonelected claim(s) may be reinstated by applicant if submitted in a timely filed amendment in reply to this action. Upon entry of the amendment, such amended claim(s) will be examined for patentability…
Read MoreWhat is the process for petitioning for reinstatement as a patent practitioner?
Petitioning for reinstatement as a patent practitioner is a process handled by the Director of the Office of Enrollment and Discipline (OED) at the USPTO. According to MPEP 1002.02(m), this process is governed by 37 CFR 11.60. The reinstatement process typically involves the following steps: Submit a petition for reinstatement to the OED Director Provide…
Read MoreWhat happens if an application is mistakenly abandoned due to USPTO error?
What happens if an application is mistakenly abandoned due to USPTO error? If an application is mistakenly abandoned due to a USPTO error, the applicant can request reinstatement. According to MPEP 711.02(b): “Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency of the reply,…
Read MoreWhat is the difference between reinstating canceled text and canceled claims in a patent application?
While both processes involve restoring previously removed content, there are key differences in reinstating canceled text versus canceled claims in a patent application. MPEP 608.01(s) outlines these differences: Canceled Text in Specification: “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” Canceled…
Read MoreCan I simply uncross canceled text to reinstate it in a patent application?
No, you cannot simply uncross or unmarked canceled text to reinstate it in a patent application. The process for reinstating canceled text is specific and regulated. According to MPEP 608.01(s): “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” This means that…
Read MoreWhy can’t I reuse the original claim number when reinstating a canceled claim?
When reinstating a canceled claim in a patent application, you cannot reuse the original claim number. This requirement is specified in MPEP 608.01(s): “A claim canceled by amendment (deleted in its entirety) may be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number.” This rule serves…
Read MoreHow can canceled text in a patent specification be reinstated?
Canceled text in a patent specification can only be reinstated through a specific process. According to MPEP 608.01(s): “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” This means that applicants must submit a new amendment that introduces the previously canceled text…
Read More