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Reviving an Expired Patent that was Assigned to me
Posted by Anonymous . updated on 1/14/2012
I was assigned a patent that expired due to non-payment of maintenance fees. I was assigned it in Aug 2010. The original patent holder missed her 2nd and 3rd maintenance fees (July 2003 and July 2007). Now I would like to revive it. I understand that since it has been over 30 months that this would fall into unavoidable and a petition to revive a patent must include the original maintenance fee, an additional surcharge, and an explanation of the owner's failure to pay. This explanation must convince the Patent Director that the owner's failure to pay was either unavoidable or unintentional. The original patent holder did not pay because she could not afford to pay. She was a single mother and was not able to get any interest from any companies to make her product. I took possession in Aug 2010 and am now trying to bring it to market with a licensee. I was not aware of the time frame associated with reviving patents and am now concerned that I will be denied. Any advice on how to best approach this would be really appreciated.
Answers (1)
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B Pike
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It is highly unlikely that a patent under these circumstances can be revived. From the facts provided, it appears that the patent was intentionally abandoned.
This is not to be considered legal advice, it is a general comment. It is recommended that you seek legal advice.
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