Jasper, AL asked in Patents (Intellectual Property) for Arizona

Q: Can I reopen this patent

I forgot to pay the fee

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: There are a lot of fees in the process. However, if the fee that you mean is the periodic maintenance fee to keep an issued patent from expiring, you may be in luck.

Many new patent owners forget to pay this fee. If the failure to pay this fee was unintentional as you forgot that you needed to do this, then the USPTO is pretty forgiving. If the deadline for payment was within 2 years, the petition when filed electronically can be automatically granted. If you are a micro-entity, this extra petition fee is $500 (double that if you are a small entity.

You will still need to pay the maintenance fee in addition to the petition fee. You can have your patent attorney handle this or the Applications Assistance Unit at the USPTO should be able to walk you through this process so you pay via credit card online. Their number is (571) 272-4200.

NOTE -- now that you know you can fix this, you have to do so soon. Otherwise the failure to act will mean that the entire delay in payment is not unintentional.

I hope that this helps.

Kevin E Flynn

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.