Monday, February 26, 2018 8:15:24 AM
Patent Maintenance Fees
To receive a patent, you must apply through the USPTO. After your patent is granted, you are required to pay patent maintenance fees three and one-half years, seven and one-half years and 11 and one-half years after the date of first application. Patent fees increase at each due date and they vary, depending upon whether the patent holder is classified as a small entity by the USPTO. The USPTO defines a small entity as a person, non-profit organization or small business, "...who has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention." The patent office will not notify you personally when the fee is due, but the office issues a weekly list of patents for which maintenance fees are currently payable. Maintenance fees may be paid up to six months in advance.
Patent Expiration
There is a six-month grace period after the due date of patent maintenance fees during which your patent will not expire. If you pay during this period, you will be subject to a late payment surcharge. Failure to pay during this time, however, will cause your patent to expire.
Patent Reinstatement
Patents may be reinstated up to two years after expiration due to nonpayment. To qualify for reinstatement, the patent holder must demonstrate that the nonpayment was unavoidable or unintentional. Examples of "unavoidable" patent late payments might occur when the patent holder is debilitated by surgery or has died and his heirs did not realize the payment must be made. The late fees for unavoidable non-payments are lower, but require documentation. "Unintentional" late payments do not require documentation and are accepted at the discretion of the patent office. However, your rights to the patent are not protected while the patent is expired. 35 U.S.C. 41(c)(2) states that someone who sells an expired patent when it expires due to nonpayment is not subject to charges of patent infringement. After your patent is reinstated, however, others may not sell the item.
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Do you remember some people in the message thread stating that HDC Attorney's are in charge or rather are securing or watching these patents? So what really gives here? No money yet the Authorized shares are about 400 million right?
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