What is the process for reviewing a decision refusing to accept and record a maintenance fee payment?
The process for reviewing a decision refusing to accept and record a maintenance fee payment is outlined in 37 CFR 1.377. This regulation provides a mechanism for patentees who are dissatisfied with the refusal of the Patent and Trademark Office to accept and record a maintenance fee filed prior to patent expiration.
According to the MPEP, “37 CFR 1.377(a) permits a patentee who is dissatisfied with the refusal of the Office to accept and record a maintenance fee which was filed prior to the expiration of the patent to petition the Director to accept and record the maintenance fee.” This petition process can be used in situations where there’s an error in the identifying data required by 37 CFR 1.366(c) with the maintenance fee payment, such as an incorrect patent number or application number.
To learn more: