Patents

You lost your patent, just as I did, trying to pay an overdue fine on a maintenance fee using Patent Office Form PTO/SB/65 u2013 Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired Patent.<br><br>If you bring a lawsuit against the Patent Office charging that their decision was u201carbitrary and capricious,u201d chances are youu2019ll lose. Sorry! Typically the court will hold that the governmentu2019s action in revoking your patent was within the authority of the Patent Office. The basis for the courtu2019s decision will be a determination that the Patent Office was not u201carbitrary and capriciousu201d in its action, which is the standard the courts apply in such matters. The courts defer a great deal to the authority and expertise of the government agencies in such matters. It limits your options to hiring corporate law attorney who has prior experience. The court will review the Patent Officeu2019s determination that a reasonable and prudent person would have taken steps to ensure payment of the maintenance fee, and will determine that the Patent Office considered all important aspects of the petition and made a determination that was consistent with the evidence. Given the very narrow nature of the review of a determination by the Patent Office, the court will probably hold that the Patent Officeu2019s action was not an abuse of discretion.

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