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US patents and applications can be revived if the relevant fees are paid and a statement is made that the delay was unintentional. In theory, there is no time limit on this. See https://www.uspto.gov/patents-application-process/petitions/09-revival-based-unintentional-delay You could state your case in the petition trying to show that the entire delay was ...


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IANAL, but my take: you don't need to proactively "get" the rights; you would only establish them in court if sued for infringement. Instead, collect evidence/proof of the practice or substantial preparation to practice during the period of expiration. Although ~15 years old, see here: Absolute rights are extended to those who actually practiced the ...


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Please see https://www.uspto.gov/web/offices/pac/mpep/s2590.html Your question has been posted over two years ago, the text below is posted in 2017; but depending on the time-lapse it might still be relevant 2590 Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent [R-08.2017] Of special relevance (from the URL given ...


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