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pdfPTO/SB/66 (11-23)
Approved for use through XX/XX/XXXX. OMB 0651-0016
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT OF
MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Docket Number (Optional)
Page 1 of 4
Mail to: Mail Stop Petition
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Fax: (571) 273-8300
NOTE: If information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282.
Patent No. _________________________________________
Application Number ______________________________________
Issue Date _________________________________________
Filing Date ______________________________________________
CAUTION: Maintenance fee payment must correctly identify: (1) the patent number (or reissue patent number, if a reissue) and (2) the
application number of the actual U.S. application (or reissue application) leading to issuance of that patent to ensure the fee(s)
is/are associated with the correct patent. 37 CFR 1.366(c) and (d).
Also complete the following information, if applicable.
The above-identified patent
is a reissue of original Patent No. ___________________________________ original issue date _______________________________
original application number ___________________________________
original filing date ___________________________________.
resulted from the entry into the U.S. under 35 U.S.C. 371 of international application ___________________________________
filed on ___________________________________.
NOTE: A grantable petition requires the following items:
(1)
(2)
(3)
Petition fee;
Maintenance fee; and
Statement that the delay in payment of the maintenance fee was unintentional.
CERTIFICATE OF MAILING OR TRANSMISSION (37 CFR 1.8(a))
I hereby certify that this paper (* along with any paper referred to as being attached or enclosed) is being deposited with the United States
Postal Service on the date shown below with sufficient postage as first class mail in an envelope addressed to Mail Stop Petition,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, or being transmitted to the USPTO by the USPTO patent electronic
filing system, or by facsimile to (571) 273-8300, on the date shown below.
___________________________________
Date
_______________________________________________________
Signature
_______________________________________________________
Typed or Printed Name of Person Signing Certificate
[page 1 of 3]
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information collection. Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing this
burden to the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450 or email
[email protected]. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
PTO/SB/66 (11-23)
Approved for use through 11/30/2024. OMB 0651-0016
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT
OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Page 2 of 4
1. SMALL ENTITY
Patentee asserts, or has previously asserted, small entity status. See 37 CFR 1.27.
2. LOSS OF ENTITLEMENT TO SMALL ENTITY STATUS
Patentee is no longer entitled to small entity status. See 37 CFR 1.27(g).
3. MICRO ENTITY
Patentee certifies, or has previously certified, micro entity status. See 37 CFR 1.29
Form PTO/SB/15A or B or equivalent must either be enclosed or have been submitted previously.
4. LOSS OF ENTITLEMENT TO MICRO ENTITY STATUS
Patentee is no longer entitled to micro entity status. See 37 CFR 1.29(i).
5. MAINTENANCE FEE (37 CFR 1.20(e)-(g))
The appropriate maintenance fee must be submitted with this petition, unless it was paid earlier.
Amount
Undiscounted
Fee
(Code)
Amount
Small Entity
Fee
(Code)
Amount
Micro Entity
Fee
(Code)
$ ____________
3½ yr fee
(1551)
$ ____________
3½ yr fee
(2551)
$ ____________
3½ yr fee
(3551)
$ ____________
7½ yr fee
(1552)
$ ____________
7½ yr fee
(2552)
$ ____________
7½ yr fee
(3552)
$ ____________
11½ yr fee
(1553)
$ ____________
11½ yr fee
(2553)
$ ____________
11½ yr fee
(3553)
MAINTENANCE FEE BEING SUBMITTED $ ____________
6. PETITION FEE
The petition fee required by 37 CFR 1.17(m) of:
$ ____________ Undiscounted (Fee Code 1558); or
$ ____________ Small Entity (Fee Code 2558); or
$ ____________ Micro Entity (Fee Code 3558)
must be paid as a condition of accepting an unintentionally delayed payment of a maintenance fee.
PETITION FEE BEING SUBMITTED $ ____________
7. MANNER OF PAYMENT
Enclosed is a check for the sum of $ ____________
Please charge Deposit Account No. ____________ the sum of $ ____________
Payment by credit card. Form PTO-2038 is attached.
Payment made via USPTO patent electronic filing system.
8. AUTHORIZATION TO CHARGE ANY FEE DEFICIENCY
The Director is hereby authorized to charge any maintenance fee or petition deficiency to Deposit Account No. ____________
PTO/SB/66 (11-23)
Approved for use through 11/30/2024. OMB 0651-0016
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT
OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Page 3 of 4
9. OVERPAYMENT
As to any overpayment made, please
Credit to Deposit Account No. ____________
OR
Send refund check
WARNING:
Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to
identity theft. Personal information, such as social security numbers, bank account numbers, or credit card numbers (other than a check or
credit card authorization form (PTO-2038) submitted for payment purposes), is never required by the USPTO to support a petition or an
application. If this type of personal information is included in documents submitted to the USPTO, petitioner/applicant should consider
redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the
record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance
with 37 CFR 1.213(a) is made in the application or issuance of a patent. Furthermore, the record from an abandoned application may also
be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit
card authorization forms (PTO-2038) submitted for payment purposes are not retained in the application file and therefore are not publicly
available.
10. STATEMENT
The delay in payment of the maintenance fee for this patent was unintentional.
Petitioner is reminded that a delay resulting from a deliberately chosen course of action or a change in circumstance is not an unintentional
delay.
Petitioner is further reminded that a person seeking reinstatement of an expired patent should not make a statement that the delay in
payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the
maintenance fee was not timely paid until payment of the maintenance fee. For example, a statement that the delay in payment of the
maintenance fee was unintentional would not be proper when the patentee becomes aware of an unintentional failure to timely pay the
maintenance fee and then intentionally delays filing a petition for reinstatement of the patent under 37 CFR 1.378. See MPEP 2590.
NOTE: Where the petition under 37 CFR 1.378 is filed more than two years after the date the patent expired for nonpayment of the
maintenance fee, the United States Patent and Trademark Office requires an additional explanation of the circumstances surrounding the
delay that establishes the entire delay was unintentional. This requirement is in addition to the requirement to provide a statement that the
entire delay was unintentional. See Clarification of the Practice for Requiring Additional Information in Petitions Filed in Patent Applications
and Patents Based on Unintentional Delay, 85 FR 12222 (March 2, 2020). See MPEP 711.03(c)(II)(C)-(F) for additional guidance on the
information required to establish that the entire delay was unintentional.
Because this petition under 37 CFR 1.378 is being filed more than two years after the date the patent expired for nonpayment of the
maintenance fee, additional explanation of the circumstances surrounding the delay that establishes the entire delay was
unintentional is enclosed herewith.
PTO/SB/66 (11-23)
Approved for use through 11/30/2024. OMB 0651-0016
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT
OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Page 4 of 4
11. PETITIONER REQUESTS THAT THE DELAYED PAYMENT OF THE MAINTENANCE FEE BE ACCEPTED AND THE PATENT BE REINSTATED.
___________________________________
Date
_______________________________________________________
Signature(s) of Petitioner
___________________________________
Registration Number, if applicable
_______________________________________________________
Typed or Printed Name
___________________________________
Telephone Number
__________________________________________________________________________________________________________________
Address
__________________________________________________________________________________________________________________
Address
37 CFR 1.378(c) states: “Any petition under this section must be signed in compliance with § 1.33(b).”
12. ENCLOSURES
Maintenance Fee Payment
Petition fee under 37 CFR 1.17(m) (fee for filing the maintenance fee petition)
Additional sheet(s) containing statement establishing unintentional delay
Other: ________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. The United States Patent and Trademark
Office (USPTO) collects the information in this record under authority of 35 U.S.C. 2. The USPTO’s system of
records is used to manage all applicant and owner information including name, citizenship, residence, post office
address, and other information with respect to inventors and their legal representatives pertaining to the applicant's/
owner’s activities in connection with the invention for which a patent is sought or has been granted. The applicable
Privacy Act System of Records Notice for the information collected in this form is COMMERCE/PAT-TM-7 Patent
Application Files, available in the Federal Register at 78 FR 19243 (March 29, 2013). https://www.govinfo.gov/
content/pkg/FR-2013-03-29/pdf/2013-07341.pdf
Routine uses of the information in this record may include disclosure to:
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of the record;
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individual has requested the Member’s assistance with respect to the subject matter of the record;
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opposing counsel in the course of settlement negotiations;
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conducted by GSA under authority of 44 U.S.C. 2904 and 2906, in accordance with the GSA regulations and any
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If you do not furnish the information requested on this form, the USPTO may not be able to process and/or examine
your submission, which may result in termination of proceedings, abandonment of the application, and/or expiration
of the patent.
File Type | application/pdf |
File Title | Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)). |
Author | USPTO |
File Modified | 2024-09-16 |
File Created | 2020-12-18 |