Reinstate an Expired Patent
If a maintenance fee 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. 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; and 4) be signed in compliance with § 1.33(b).
If the date of expiration is less than 24 months, file a petition using the Web-based ePetition in EFS-Web (registered and unregistered users), which is automatically processed and granted immediately upon submission if the petition meets all of the requirements. Petitioners know instantly whether all requirements have been met. See the Web-based ePetition Quick Start Guide (pages 44-47 ) for step-by-step filing instructions.
If the date of expiration is more than 24 months, file a petition by submitting the completed form SB/66 and paying the proper fees; there are significant processing delays and the filing does not guarantee a granted petition. Contact the Office of Petitions at 571-272-3282 for assistance on filing a petition to accept unintentionally delayed payment of the maintenance.
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