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17 - Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent

Deciding Office: The Office of Petitions

The criteria for a Petition related to Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent is set forth in 37 CFR 1.377(a).

In general, these are the steps to follow for filing a for Petitions related to Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent:

  • A Petition related to Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent under this section must: (1) be filed within two months of the action being complained of, or within such other time as may be set in the action complained of; (2) comply with the requirements of 37 CFR 1.181(b); (3) be signed by an attorney or agent registered to practice before the USPTO, or by the patentee, the assignee, or other party of interest; and (4) be accompanied by payment of the petition fee set forth in 37 CFR 1.17(g).

Fees:

  • For the proper petition fee required for a Petition related to Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1463/2463/3463 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

For the relevant patent laws and rules applicable to for Petitions related to Acceptance of Maintenance Fee Payments Based on A Refusal to Accept and Record Maintenance Fee Payment Filed Prior to the Expiration of the Patent, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.377, Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent;
  • MPEP Chapter 2500, Maintenance Fees; and
  • MPEP § 2580, Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of patent.

Forms:

No form available.  Submit a signed request that includes information listed in Requirements of a Petition.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

United States Patent and Trademark Office
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Last Modified: 10/23/2013 11:39:27 AM