From what I understand there is one way or two to always get an abandoned patent back especially if there was a hardship case such as health problems. You pay extra costs but you cannot sue for a company for using your idea while your patent was abandoned for maintenance fees. I think abandoned for a delayed office action for a certain amount of time is different.

A very experienced inventor told me a few years ago that some inventors opt not to pay maintenance fees until they see someone using their idea, they then revive the patent and seek royalties but patent rules always change. I think they call this type of inventor an inventor troll…looking to lure and trap companies.

You must check. Call the USPTO. They will tell you. They are very nice and helpful on the phone.

Ron Komorowski
Inventor of Handi-Straps
www.handi-straps.com

I would recommend visiting the U.S. Patent and Trademark Office’s website at uspto.gov. Do a search for your patent to see what it’s current status is.

I’m not entirely sure if patents issued in 1994 expire after 20 years. If they do, and the USPTO does allow you to catch up on your fees, you would essentially be paying to extend the patent through 2014. You need to ask yourself if it’s really worth it.

Susan brings up a very good point. It looks like Victor just miss the deadline for the 20 year term for a Utility Patent if he applied in 1994.

http://www.uspto.gov/inventors/patents.jsp#head...

“How long does patent protection last?
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. No maintenance fees are required for design patents.

Note: Patents in force on June 8, 1995 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant."

I’m going to throw in this link to the USPTO online chat pages. These pages will answer almost every question you can think of about Patents Trademarks and Copyrights.

http://www.uspto.gov/inventors/independent/chat...

Thank you all for your help. I will do as you suggest and contact the USPTO. In the meantime, I have done some research and there is a need for the product I developed. The question is: Do I go ahead and continue to try and sell the product whether or not the patent is valid? This product would be sold at stores like Home Depot/Lowes/Walmart, etc. Any recommendations as how I can move forward.

Many Thanks

Your trademark and jump on the market share is ultimately more important than a patent unless you have a specific chemical formula patent, a patent that can be good as gold.

Moreover…ALL here should be considering bringing products to market that are not patentable or without patents by becoming good alliances with manufacturers and becoming like an employee or teammate.

It is MUCH easier and much more profitable bringing a product to market that has already been invented and common but you make some cool little twist on it.

Wholly new inventions are very difficult and costly to get the public to accept. Don’t be scared of taking on a venture with a small manufacturer without a patent. Being a salesman for an invention or product pays more than royalties in the first place!!!!!!!!

Thank you Ron. I think you are right. The secret is to be the first one out there or have the better product. You are right, being able to sell something that people already know about, basically it is better to have competition and an available market,than to have no competition and no market. The product I have solves a problem, that is why the patent was originally done, but I have read some forums and this problem is still going on. I’m an Engineer by trade, but have no experience as far as marketing this product. Any suggestions on how to get my feet wet?

Thanks

In general, failure to pay maintenance fees means that your patent is no longer enforceable (its dead). If my memory serves me correctly, the only way to revive it would be to petition to USPTO and state the failure to pay was unavoidable or unintentional. It sounds like you would NOT fall into one of those categories since you knew about it.

Another solution may be to try and get a new patent on a slight improvement or modification to your original idea but you would have to start the process over again.

Victor,

As I understand your patent granted in 1994, hence it will expire in 2011, so it does not make sense to pay the annual fee to revive it. Just enter in to market.

All the best.

Senthil
Patent Consultant
http://www.intepat.com

I think I agree with you Senthil. It doesn’t make any sense to try to revive it when it expires in 1 year. I guess my next step is to look for manufacturing company that would be willing to sign an NDA and work with me in developing this product.

Thank you for all your help…