When can we reinstate our expired patent? 2 Answers as of October 03, 2010

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?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
The sooner the better, you must file the petition as unintentional not unavoidable - it is rather expensive.
Answer Applies to: Oregon
Replied: 10/3/2010
Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
Maintenance fees are due at 3.5 years, 7.5 years, and 11.5 years after issuance without a surcharge. A maintenance fee can be paid up to 6 months after these dates (4 years, 8 years, 12 years), but they will then include a surcharge. If you have past your 6 month late payment window, a petition can be filed in certain circumstances to reinstate an expired patent, but the chances of success are fairly low. Feel free to contact me for an explanation of your options if you fall in any of these categories.
Answer Applies to: California
Replied: 9/30/2010
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