Question: When can we reinstate our expired patent? How? Question Detail: 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?
ANSWER: A petition to file a late maintenance fee can be based on unavoidable delay in payment or unintentional delay in payment. If the former, the petition can be filed at any time. If the former, the petition can be filed within 24 months of the due date.