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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

To file a petition for delayed payment of maintenance fees, follow these steps according to MPEP 2590:

  1. Use form PTO/SB/66, available on the USPTO forms website.
  2. Mark the front page of the communication “Attention: Office of Petitions”.
  3. Address the petition to:
    Mail Stop Petition
    Commissioner for Patents
    P.O. Box 1450
    Alexandria, Virginia 22313-1450
  4. Include the required maintenance fee, petition fee, and statement of unintentional delay.
  5. Ensure the petition is signed in compliance with 37 CFR 1.33(b).

Note that the EFS-Web version of the SB/66 form for auto-processing was retired on February 1, 2018. Petitions are processed by the Office of Petitions.

Topics: MPEP 2500 - Maintenance Fees MPEP 2590 - Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent Patent Law Patent Procedure
Tags: Delayed Payment, Maintenance Fees, Patent Reinstatement, Petition Filing, USPTO Forms