What form should I use to petition for acceptance of a late maintenance fee payment?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

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 is specifically designed for situations where a patent has expired due to unintentional failure to pay a maintenance fee. It allows patent holders to request reinstatement of their patent rights under 37 CFR 1.378(b).

Topics: MPEP 2500 - Maintenance Fees MPEP 2595 - Forms Patent Law Patent Procedure
Tags: Customer Number