Prosecution Pointer 407

If a maintenance fee on a US patent has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated, a petition and proper fees are required. A petition to reinstate an expired patent must be submitted by a recognized party. Any petition to accept an unintentionally delayed payment of a maintenance fee must include:

1. the required maintenance fee set forth in § 1.20(e) through (g)
2. the petition fee as set forth in § 1.17(m)
3. a statement that the delay in payment of the maintenance fee was unintentional
4. be signed in compliance with § 1.33(b).

The USPTO will require additional information when the petition is filed more than two years after the date the patent expired for nonpayment. The additional information is required to ensure that the USPTO are provided with sufficient facts and circumstances to support a conclusion that the entire delay was "unintentional."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.