Take the 2-minute tour ×
Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It's 100% free, no registration required.

Why would somebody allow such a valuable patent as USP6293874 to lapse for non-payment of maintenance fees?

share|improve this question
    
The fee payment company may have forgot to pay the fee. If the lapse in maintenance fee payment is unintentional then it could be paid late without intervening rights. –  Kevin Jun 19 at 20:47
    
Considering the invention, I think the OP was being facetious. However to be sure there is no misunderstanding interviewing rights kick in after the 6 months grace period. This one missed a payment in 2005. From the MPEP "No patent, the term of which has been maintained as a result of the acceptance of a late payment of a maintenance fee, shall abridge or affect the right of any person or his or her successors in business who made, purchased, imported, or used after the 6-month grace period but prior to the acceptance of the late maintenance fee anything protected by the patent, . . . " –  George White Jun 19 at 22:29
    
I confess I was being facetious. I was also testing a Java application that I use to download patent documents, to which I added a feature of alerting the user if there has been a comment posted here about the downloaded patent, and for that purpose I didn't want to comment on a "serious" patent still in force. –  PatentWookiee Nov 10 at 18:26
    
Thanks George for the interesting note about intervening rights which I had forgotten about. I have thankfully not had to deal with the issue of one of my clients' maintenance fees being inadvertently missed, though occasionally lapsed patents come up in FTP/FTO investigations, for which you have to explain to the client the likelihood and ramifications of a possible revival. –  PatentWookiee Nov 10 at 18:32

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Browse other questions tagged or ask your own question.