Asked in Patents (Intellectual Property)

Q: I owned a patent c/o ISC; however, the assigned lawyer was disbarred and as a result my patent was expired. Please help

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

A: 1) You do not need an attorney to pay a maintenance fee. You can pay directly with a credit card at

2) There is a process to revive a patent for unintentional failure to pay a maintenance fee. There is a hefty fee for this. The petition is at

3) If you are a small entity that is a $1050 fee on top of the maintenance fee. Half of that if you are a micro entity.

4) The problem is that the delay needs to be unintentional for the entire time. So if you have known of this issue for an extended period and are only getting around to fixing it now, you may not qualify.

I hope that this helps.

Kevin E Flynn

Erik Špila and Peter D. Mlynek agree with this answer

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