QUESTION

When can we reinstate our expired patent? How?

Asked on Jun 12th, 2015 on Patents - Massachusetts
More details to this question:
We have a patent that has expired. It expired because of failure to keep up with the maintenance fees of the patent. When can we file a petition to help reinstate the expired patent?
Report Abuse

3 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
Update Your Profile
Check the patent section of the U.S. Patent and Trademark Office website. Since a patent is published at the time of registration and you allowed the registration to lapse, there may not be much you can do.
Answered on Jun 12th, 2015 at 9:01 PM

Report Abuse
You can't, unless it was expired because of unintentional failure to pay a maintenance fee.
Answered on Jun 12th, 2015 at 1:10 PM

Report Abuse
Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
Update Your Profile
If the expiration was UNINTENTIONAL - then you have two years from the expiration date to seek revival of the patent. UNINTENTION means just that - you did not intend to have the patent expire. Maybe there was a record keeping mistake. Maybe someone who did not understand the situation ignored the reminder from the Patent Office. Maybe you never received the reminder because you moved. Check out the revival form at www.uspto.gov. Act quickly. GOOD LUCK!
Answered on Jun 12th, 2015 at 12:39 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters