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19 - Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay

This Petition can be filed as a PDF-based ePetition.

Deciding Office: The Office of Petitions

The criteria for a Petition related to Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay is set forth in 37 CFR 1.378(b).

In general, these are the steps to follow for filing a for a Petition related to Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay:

  • A Petition related to Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay under 35 U.S.C. 41(c) and 37 CFR 1.378(c) must be accompanied by: (1) a statement that the delay was unintentional; (2) payment of the appropriate maintenance fee, unless previously submitted; and (3) payment of the surcharge set forth in 37 CFR 1.20(i)(2).

Fees:

  • For the proper petition fee required for a Petition related to Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay, please consult the Current USPTO Fee Schedule on the Fee Information Page for codes:
    • Due at 3.5 years, 1551/2551/3551 (Large Entity/Small Entity/Micro Entity);
    • Due at 7.5 years, 1552/2552/3552 (Large Entity/Small Entity/Micro Entity);
    • Due at 11.5 years, 1553/2553/3553(Large Entity/Small Entity/Micro Entity);
    • Surcharge after expiration - Late payment is unavoidable, 1558/2558/3558 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

For the relevant patent laws and rules applicable to for a Petition related to Acceptance of Delayed Payment of a Maintenance Fee After Expiration of the Patent Based on Unintentional Delay, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.378, Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.; 
  • MPEP Chapter 2500, Maintenance Fees; and
  • MPEP § 2590, Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent.

Forms:

The following form is available:  Petitions Form PTO/SB/66.


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 11:36:33 AM