Is it too late to reinstate your utility patent?
Time is of the essence when it comes to renewing unintentionally expired utility patents. While a utility patent is technically not renewed, we will use that term since it’s easier to understand. Technically, the correct term is maintenance. When properly maintained, a typical utility patent will last for about two decades. But what happens when you miss a patent maintenance fee? Is a late patent renewal possible?
As is often the case with patents, it depends on the circumstances. The good news is that you might have options if you act promptly.
Need to pay a late utility patent maintenance fee or reinstate an inadvertently expired utility patent? Contact US patent attorney Vic Lin at (949) 223-9623 or email your patent number to vlin@icaplaw.com.
Crucial question: Was your entire delay unintentional?
At the outset, you must establish that the entire delay in paying the late patent maintenance fee has been unintentional. For example, communications may have slipped through the cracks. Perhaps there was a change in your job, location or contact information, and you did not receive notice of the patent renewal deadlines.
There can be thousands of justifiable excuses. What would not be OK is a deliberate decision to abandon your utility patent. Our firm policy requires that any potential clients seeking to revive an expired utility patent must meet this unintentional delay standard.
The entirety of the delay must be unintentional. This would include the time period from when you first discovered the non-payment of the maintenance fee until the time the fee is paid.
Another example of delay that might cause problems if you sit on your hands for an extended time after finding out that your utility patent expired. You must act promptly after discovering the patent expiration.
What are the late patent renewal time periods?
Your chances of success will depend on how much time has passed. Here are the relevant patent renewal time periods in sequential order:
- Maintenance Fee Deadline: 3.5 years, 7.5 years and 11.5 years from the issue date
- Grace Period: 6-month period following the above deadlines
- Within 2 years of patent expiration date
- After 2 years of patent expiration date
Figure out which time period applies to your utility patent.
Should you try to reinstate an expired utility patent?
Chances are, your utility patent falls under Time Period 3 or 4 above if you are reading this article intently. In those situations, a proper petition will be required in addition to payment of the petition fee and relevant maintenance fees.
Pre-2-year Expiration vs. Post-2-year Expiration
A proper petition along with the correct maintenance fee filed within two years of patent expiration will receive a prompt response with a high chance of success. Again, the entire delay must be unintentional.
Utility patents that have expired more than two years ago will require more effort. For a post-2-year expired utility patent, the petition will require answers to certain questions about reasons, dates and actions related to the nonpayment and the discovery thereof.
Money-Back Guarantee: Less than 2-year Abandonment
For a utility patent that has expired less than two years ago (pre-2-year period), our firm can successfully reinstate your patent if the entire delay was unintentional.
Ask us if you qualify for our money-back guarantee. If we agree to handle your pre-2-year expired utility patent, you might qualify for a full refund of your retainer if we fail to successfully reinstate a utility patent that expired less than two years ago.
Such post-2-year petitions have approximately 69% chance of success. The average wait time for a decision on post-2-year petition is approximately 3 months.
