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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 24 months from the expiration date.
• The petition must include a statement that the delay was unintentional.
• All required maintenance fees and any applicable surcharges must be paid.
• The Director of the USPTO must determine that the delay was indeed unintentional.

It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.