Asked in Patents (Intellectual Property)

Q: Hello, Our company received a cease and desist letter from patent holder (patent no. 9254401). Is this patent valid?

Upon further review, this patent is expired due to non-payment of the maintenance fee. Am I correct in assuming this patent is not enforceable ?

1 Lawyer Answer
Cameron Tousi
Cameron Tousi
  • Patents Lawyer
  • Washington, DC

A: What you're requesting requires a great deal of analysis by an attorney, which means comparing the elements of the claims to the allegedly infringing product, in view of the specification and prosecution history. In other words, it would be impossible to tell without a patent lawyer's detailed review, as well as an understanding of your product or service. Regarding your maintenance question, I haven't reviewed the validity of your statement as I haven't reviewed the patent or its records, but patents whose maintenance fees are unpaid can be revived if the non-payment was inadvertent and certain filings are made and fees are paid with the USPTO. (As always, not legal advice, but general knowledge.)

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