|Fees, Deposit Accounts, Credit Cards, Refunds, etc.
||Referenced Items (70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93)
(79) Petitions to Accept a Delayed Patent
Maintenance Fee Payment where
Non-Payment was due to the
Effects of Hurricane Katrina
The United States Patent and Trademark Office (USPTO) considers
the effects of Hurricane Katrina to be an "extraordinary situation"
within the meaning of 37 CFR 1.183 for the affected applicants and
patentees. For those patentees who were unable to timely pay a patent
maintenance fee due to the effects of Hurricane Katrina, the USPTO will
sua sponte waive the surcharge in 37 CFR 1.20(i) for
accepting a delayed maintenance fee payment when they file the
maintenance fee payment with a petition to accept a delayed maintenance
fee under 37 CFR 1.378(c). See 37 CFR 1.183.
The USPTO advises patentees who need to file a petition to accept a
delayed maintenance fee payment due to the effects of Hurricane Katrina
to promptly file a petition under 37 CFR 1.378(c) (using USPTO form
PTO/SB/66 - Petition to Accept Unintentionally Delayed Payment of
Maintenance Fee in an Expired Patent (37 CFR 1.378(c)) accompanied
by the applicable maintenance fee payment (but not the surcharge under
37 CFR 1.20(i)) and a copy of this notice. The inclusion of a copy of
this notice will be treated as a representation that the delay in
payment of the maintenance fee was due to the effects of Hurricane
Katrina and as a request for sua sponte a waiver of the
surcharge under 37 CFR 1.20(i).
Patentees are reminded that a petition to accept a delayed maintenance
fee payment under 37 CFR 1.378(c) must be filed within twenty-four
months from the expiration date of the patent. See 35 U.S.C. 41(c). A
petition to accept a delayed maintenance fee payment filed later than
twenty-four months after the expiration date of the patent must be
filed under 37 CFR 1.378(b) and include a showing that the delay in
payment was unavoidable.
A petition to accept a delayed maintenance fee payment due to the
effects of Hurricane Katrina may be submitted by facsimile directly to
the Office of Petitions at 571-273-0025.
Any such petition may also be submitted by mail addressed as follows:
Mail Stop Petition
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Inquiries concerning this notice may be directed to Eugenia Jones,
Senior Legal Advisor in the Office of Patent Legal Administration, at
877-PTO-NORL (877-786-6675) or 571-272-7704, or by e-mail at
September 9, 2005 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1299 OG 20]