Legal Question in Intellectual Property in Iowa

Maintenence fees for patents

I obtained a patent in 1995. I was not aware of the maintenence fees. Presently there is a company interested in my invention. If I did not pay these fees did I lose all rights to my patent?


Asked on 5/18/01, 8:00 pm

1 Answer from Attorneys
Patrick Stellitano Patrick Stellitano, Registered Patent Attorney

Re: Maintenence fees for patents

There is a petition procedure for reinstatement of a patent when maintenance fees are unpaid. However, you must show that the failure to pay was (a) unavoidable (you probably cannot make this showing since your failure to pay was due to a lack of knowledge which could have been avoided) or (b)unintentional (but this showing must be made within a limited period of time of the date the fee was due.

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Answered on 6/29/01, 2:00 pm


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