We have patent #5,853,128 which was applied for on Mar. 8, 1997 and issued on Dec. 29, 1998. We missed paying the final maintenance fee and have not tried to get it reissued before now. How long do we have before there is no way to get it reissued in any way?


1 Answer 1


The patent was pre-AIA, and therefore the best-case scenario is that it expired 17 years after issue. Therefore, as of Dec. 29, 2015, the patent is irretrievably in the public domain.

  • It wasn't the AIA that changed the term from 17 after grant to 20 after filing. It was due to an international treaty and was effective June 8, 1995.
    – George White
    Nov 14, 2022 at 4:06

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