Hello, thank you for the video. I have a question about maintenance fee so if you can answer I would appreciate it. I will start selling on amazon in US. I will launch a product that is similar to a product on amazon. I checked and they have utility patent that expired on 08/30/2019 due to non-payment of maintenance fee. As far as I know they have 2 years window to pay the maintenance fee. Its been almost 5 years now they didnt pay the fee. So when I start selling they will want to stop me using their patent. My question is: Can this abandoned patent be revived? If yes then I dont want to start selling on amazon. Thank you
Under Section 2590 of the MPEP, a patent owner may make a petition to revive an expired patent due to non-payment of a maintenance fee so long as they can provide evidence that the nonpayment was unintentional. The rule does state that the burden is higher if more than 2 years has passed "...a delay of more than two years after the date of nonpayment of a maintenance fee requires additional information of the facts and circumstances surrounding the entire delay to support a conclusion that the entire delay was indeed ‘‘unintentional.’’ Read more here: www.uspto.gov/web/offices/pac/mpep/s2590.html
It depends on what type of application you submitted. If provisional, then after one year it will go abandoned. If non-provisional, likely within a few months, after non-response. There are ways to revive an abandoned application, on petition. Get a hold of us to see if your can be revived here: calendly.com/business-consultations/am06-youtube
Thanks for the feedback. We do link to other sorts of resources, all free to you. We have blogs if you prefer that, and our social media channels are more graphics-based.
Hello, thank you for the video. I have a question about maintenance fee so if you can answer I would appreciate it. I will start selling on amazon in US. I will launch a product that is similar to a product on amazon. I checked and they have utility patent that expired on 08/30/2019 due to non-payment of maintenance fee. As far as I know they have 2 years window to pay the maintenance fee. Its been almost 5 years now they didnt pay the fee. So when I start selling they will want to stop me using their patent. My question is: Can this abandoned patent be revived? If yes then I dont want to start selling on amazon. Thank you
Under Section 2590 of the MPEP, a patent owner may make a petition to revive an expired patent due to non-payment of a maintenance fee so long as they can provide evidence that the nonpayment was unintentional. The rule does state that the burden is higher if more than 2 years has passed "...a delay of more than two years after the date of nonpayment of a maintenance fee requires additional information of the facts and circumstances surrounding the entire delay to support a conclusion that the entire delay was indeed ‘‘unintentional.’’ Read more here: www.uspto.gov/web/offices/pac/mpep/s2590.html
I invited some inventions between 2012 and 2016 how many years is the filing reci d pt good for?
It depends on what type of application you submitted. If provisional, then after one year it will go abandoned. If non-provisional, likely within a few months, after non-response. There are ways to revive an abandoned application, on petition. Get a hold of us to see if your can be revived here: calendly.com/business-consultations/am06-youtube
20 years is based on filing date or issue date???
Filing date!
@@j.d.houvener6868 Which btw. the reason why medicine business is so hard...
I would've prefered more explanatory images and less "a person talking"
Thanks for the feedback. We do link to other sorts of resources, all free to you. We have blogs if you prefer that, and our social media channels are more graphics-based.