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   AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAINT. F
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   Author  Topic: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAINT. F  (Read 6480 times)
Isaac
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Re: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAIN
« Reply #10 on: Apr 6th, 2007, 6:23am »
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on Apr 5th, 2007, 11:51pm, wc wrote:
Since the original objective of the USPTO was to stimulate innovation, and since  its only criteria for accepting applications to re-instate patents which expired due to a missed maintenence  fee are total unintentionality or unavoidablity for the duration – it would seem that the issue of  patent holder rights was settled by those reviewing the petition for reinstatement. Otherwise, why would there even be a missed fee petition at all?

 
Yes there are intervening rights that arise when the patent holder does not pay his maintenance fees.   I believe they kick in after the 6 month grace period.
 
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Isaac
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Re: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAIN
« Reply #11 on: Apr 8th, 2007, 1:08am »
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But do those rights extend beyond the re-instatement date?
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