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:  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 are set forth in 37 CFR 1.377(a).

In general, these are the steps for filing 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:

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 for code 1463/2463/3463 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to file:

This petition may be filed using any of these delivery methods.

For the relevant patent laws and rules applicable to 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).

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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.