What are the consequences of accepting delayed payment of maintenance fees?
When the USPTO accepts delayed payment of maintenance fees for an expired patent, there are specific consequences as outlined in MPEP 2590:
“If the Director accepts payment of the maintenance fee upon petition, the patent shall be considered as not having expired, but will be subject to the conditions set forth in 35 U.S.C. 41(c)(2).”
This means:
- The patent is retroactively reinstated as if it had never expired.
- However, the patent becomes subject to intervening rights as specified in 35 U.S.C. 41(c)(2).
- These intervening rights may protect third parties who acted in reliance on the patent’s expiration before its reinstatement.
It’s important to consult with a patent attorney to understand the full implications of these intervening rights on your specific patent situation.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2590 - Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent,
Patent Law,
Patent Procedure