[Patentcenter] Late payment of maintenance fee (unintentional).

[Gerry J. Elman]

During the first 2 years of delay, a naked statement that the entire delay was unintentional will be sufficient to get the patent reinstated.  Best practice is to get the client to assert this.



-Gerry
Gerry J. Elman
Elman IP, 6117 St James Pl, Denton TX 76210-0421
610-892-9942   https://elman.com



-------- Original message --------
From: CHRISTOPHER WOOD via Patentcenter <patentcenter at oppedahl-lists.com>
Date: 12/18/23 10:25 PM (GMT-06:00)
To: patentcenter at oppedahl-lists.com
Cc: CHRISTOPHER WOOD <chriswood_phd at hotmail.com>
Subject: [Patentcenter] Late payment of maintenance fee (unintentional).


In a case where a pro bono client unintentionally failed to pay a patent maintenance fee on time (lack of funds not being a factor).  Along with the fees due a petition must be filed indicating that the delay to pay the maintenance fee on time was unintentional. Question: is it necessary (in the petition) to provide background information as to why the delay was unintentional or is a simple statement in the petition that the delay was unintentional sufficient?

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