If a patent has been claimed expired/ceased due to failure to pay maintenance fees, and I come in and assign the patent to myself (is this possible) I would also pay all the fees up to date. The patent was issued in 2005 but was did not pay its 8 year fees. The patent is assigned to a company out of business- can I step in assign the patent to me and pay the fees to bring it up to date?
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1 Answer
Your Query contains Two Issues:-
1. Can Any person revive Patent after not paying Maintenance fees?
YES but in certain circumstances and not after 2 years. For more information see Failure to pay maintenance fees
MPEP2590 Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent
II. UNINTENTIONAL DELAY Under 35 U.S.C. 41(c)(1), the Director of the Office may accept late payment of any maintenance fee filed within 24 months after the 6-month grace period, if the delay in payment is shown to the satisfaction of the Director of the Office to have been unintentional. See MPEP § 711.03(c) for a general discussion of the “unintentional” delay standard.
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2. Assignment and payment of dues to patent office
YES after acquiring IP right rightful holder should pay all fees, but the person should keep in mind that patent register should be updated for this assignments. i.e. patent office should be notified that IP transfer has been made.
