Can you revive a granted utility patent after failing to pay maintenance fees?
Yes, it is possible to revive a granted utility patent where you failed to pay renewal fees. Known as maintenance fees, the USPTO requires that each granted utility patent be “renewed” by paying three successive fees at certain deadlines. Failure to pay such maintenance fees on time will lead to a premare expiration of your utility patent.
Need to revive your granted utility patent and pay late renewal fees? Call US patent attorney Vic Lin at 949-223-9623 or email your patent number to vlin@icaplaw.com to explore how we can help get your utility patent back.
Keep in mind that design patents have no renewals. To revive an abandoned patent application as opposed to an issued patent, see this post.
How long of a delay in paying patent renewal fees will be accepted by the USPTO?
There is no set amount of time that is tolerated by the USPTO. Instead, the USPTO requires that the entire delay in paying a late maintenance fee be unintentional. This standard imposes on the patent owner a sense of urgency and promptness. In particular, the patent owner needs to act diligently upon discovering that their patent has expired for failure to pay maintenance fees.
What would not be acceptable is wavering indecision by the patent owner. After learning of your expired patent, you should act promptly to get the maintenance fees paid.
What are the requirements for reinstating a granted utility patent?
To reinstate an expired utility patent, the patent owner must submit:
- the required USPTO maintenance fee(s);
- the proper petition to revive along with the petition fee;
- a statement that the delay in payment of the maintenance fee was unintentional.
Will the USPTO require further information regarding your delay in renewing a dead patent?
The longer the delay, the greater the risk that the USPTO may require further information regarding a patent owner’s delay in paying maintenance fees. In our experience, a petition to revive filed within two years of a maintenance fee deadline has less risk of further inquiry.
You cannot, however, bank on an automatic approval. Again, prompt action is required from the time you discovered your utility patent had expired.
How much does it cost to revive an expired utility patent?
In addition to our attorney’s fees, you will need to pay the proper USPTO maintenance fee and the petition fee. Discounts apply if you qualify as a small entity or micro entity. Depending upon the particular maintenance fee, USPTO fees alone can range from a little under $1,000 to approximately $4,000 for a non-large entity patent owner.
Need to renew a dead utility patent?
Contact US patent attorney Vic Lin at (949) 223-9623 or email your patent number to vlin@icaplaw.com to obtain a flat rate quote for reviving your utility.
