Who can sign a petition for delayed payment of maintenance fees?

The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:

For applications filed on or after September 16, 2012:

According to 37 CFR 1.33(b), the petition must be signed by:

  • A patent practitioner of record
  • A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
  • The applicant (37 CFR 1.42)

For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.

For applications filed before September 16, 2012:

Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:

  • A patent practitioner of record
  • A patent practitioner not of record acting in a representative capacity
  • An assignee as provided for under pre-AIA 37 CFR 3.71(b)
  • All of the applicants (pre-AIA 37 CFR 1.41(b))

It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.

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
Tags: applicant, juristic entity, Maintenance Fees, patent practitioner, Petition Signature