Form PTO/SB/66 Petition to Accept Unintentionally Delayed Payment of Ma

Rules for Patent Maintenance Fees

sb0066

Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) (Individuals and Households)

OMB: 0651-0016

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PTO/SB/66 (12-20)
Approved for use through XX/XX/20XX. OMB 0651-0016
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT OF
MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))

Docket Number (Optional)

Page 1 of 4

Mail to: Mail Stop Petition
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Fax: (571) 273-8300
NOTE: If information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282.
Patent No. _________________________________________

Application Number ______________________________________

Issue Date _________________________________________

Filing Date ______________________________________________

CAUTION: Maintenance fee payment must correctly identify: (1) the patent number (or reissue patent number, if a reissue) and (2) the
application number of the actual U.S. application (or reissue application) leading to issuance of that patent to ensure the fee(s)
is/are associated with the correct patent. 37 CFR 1.366(c) and (d).
Also complete the following information, if applicable.
The above-identified patent
is a reissue of original Patent No. ___________________________________ original issue date _______________________________
original application number ___________________________________
original filing date ___________________________________.
resulted from the entry into the U.S. under 35 U.S.C. 371 of international application ___________________________________
filed on ___________________________________.
NOTE: A grantable petition requires the following items:
(1)
(2)
(3)

Petition fee;
Maintenance fee; and
Statement that the delay in payment of the maintenance fee was unintentional.

CERTIFICATE OF MAILING OR TRANSMISSION (37 CFR 1.8(a))
I hereby certify that this paper (* along with any paper referred to as being attached or enclosed) is being deposited with the United States
Postal Service on the date shown below with sufficient postage as first class mail in an envelope addressed to Mail Stop Petition,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, or being transmitted to the U.S. Patent and Trademark Office by EFSWeb, or by facsimile to (571) 273-8300, on the date shown below.
___________________________________
Date

_______________________________________________________
Signature
_______________________________________________________
Typed or Printed Name of Person Signing Certificate

[page 1 of 3]
A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with an
information collection subject to the requirements of the Paperwork Reduction Act of 1995, unless the information collection has a currently valid OMB Control
Number. The OMB Control Number for this information collection is 0651-0016. Public burden for this form is estimated to average 1 hour per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
information collection. Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing this
burden to the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450 or email
InformationCollection@uspto.gov. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT
OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Page 2 of 4

1. SMALL ENTITY
Patentee asserts, or has previously asserted, small entity status. See 37 CFR 1.27.
2. LOSS OF ENTITLEMENT TO SMALL ENTITY STATUS
Patentee is no longer entitled to small entity status. See 37 CFR 1.27(g).
3. MICRO ENTITY
Patentee certifies, or has previously certified, micro entity status. See 37 CFR 1.29

Form PTO/SB/15A or B or equivalent must either be enclosed or have been submitted previously.

4. LOSS OF ENTITLEMENT TO MICRO ENTITY STATUS
Patentee is no longer entitled to micro entity status. See 37 CFR 1.29(i).
5. MAINTENANCE FEE (37 CFR 1.20(e)-(g))
The appropriate maintenance fee must be submitted with this petition, unless it was paid earlier.
Amount

Undiscounted
Fee

(Code)

Amount

Small Entity
Fee

(Code)

Amount

Micro Entity
Fee

(Code)

$ ____________

3½ yr fee

(1551)

$ ____________

3½ yr fee

(2551)

$ ____________

3½ yr fee

(3551)

$ ____________

7½ yr fee

(1552)

$ ____________

7½ yr fee

(2552)

$ ____________

7½ yr fee

(3552)

$ ____________

11½ yr fee

(1553)

$ ____________

11½ yr fee

(2553)

$ ____________

11½ yr fee

(3553)

MAINTENANCE FEE BEING SUBMITTED $ ____________
6. PETITION FEE
The petition fee required by 37 CFR 1.17(m) of:
$ ____________ Undiscounted (Fee Code 1558); or
$ ____________ Small Entity (Fee Code 2558); or
$ ____________ Micro Entity (Fee Code 3558)
must be paid as a condition of accepting an unintentionally delayed payment of a maintenance fee.
PETITION FEE BEING SUBMITTED $ ____________
7. MANNER OF PAYMENT
Enclosed is a check for the sum of $ ____________
Please charge Deposit Account No. ____________ the sum of $ ____________
Payment by credit card. Form PTO-2038 is attached.
Payment made via EFS-Web.
8. AUTHORIZATION TO CHARGE ANY FEE DEFICIENCY
The Director is hereby authorized to charge any maintenance fee or petition deficiency to Deposit Account No. ____________

PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT
OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Page 3 of 4

9. OVERPAYMENT
As to any overpayment made, please
Credit to Deposit Account No. ____________
OR
Send refund check

WARNING:

Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to
identity theft. Personal information, such as social security numbers, bank account numbers, or credit card numbers (other than a check or
credit card authorization form (PTO-2038) submitted for payment purposes), is never required by the USPTO to support a petition or an
application. If this type of personal information is included in documents submitted to the USPTO, petitioner/applicant should consider
redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the
record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance
with 37 CFR 1.213(a) is made in the application or issuance of a patent. Furthermore, the record from an abandoned application may also
be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit
card authorization forms (PTO-2038) submitted for payment purposes are not retained in the application file and therefore are not publicly
available.
10. STATEMENT
The delay in payment of the maintenance fee for this patent was unintentional.
Petitioner is reminded that a delay resulting from a deliberately chosen course of action or a change in circumstance is not an unintentional
delay.
Petitioner is further reminded that a person seeking reinstatement of an expired patent should not make a statement that the delay in
payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the
maintenance fee was not timely paid until payment of the maintenance fee. For example, a statement that the delay in payment of the
maintenance fee was unintentional would not be proper when the patentee becomes aware of an unintentional failure to timely pay the
maintenance fee and then intentionally delays filing a petition for reinstatement of the patent under 37 CFR 1.378. See MPEP 2590.
NOTE: Where the petition under 37 CFR 1.378 is filed more than two years after the date the patent expired for nonpayment of the
maintenance fee, the United States Patent and Trademark Office requires an additional explanation of the circumstances surrounding the
delay that establishes the entire delay was unintentional. This requirement is in addition to the requirement to provide a statement that the
entire delay was unintentional. See Clarification of the Practice for Requiring Additional Information in Petitions Filed in Patent Applications
and Patents Based on Unintentional Delay, 85 FR 12222 (March 2, 2020). See MPEP 711.03(c)(II)(C)-(F) for additional guidance on the
information required to establish that the entire delay was unintentional.
Because this petition under 37 CFR 1.378 is being filed more than two years after the date the patent expired for nonpayment of the
maintenance fee, additional explanation of the circumstances surrounding the delay that establishes the entire delay was
unintentional is enclosed herewith.

PETITION TO ACCEPT UNINTENTIONALLY DELAYED PAYMENT
OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b))
Page 4 of 4

11. PETITIONER REQUESTS THAT THE DELAYED PAYMENT OF THE MAINTENANCE FEE BE ACCEPTED AND THE PATENT BE REINSTATED.
___________________________________
Date

_______________________________________________________
Signature(s) of Petitioner

___________________________________
Registration Number, if applicable

_______________________________________________________
Typed or Printed Name

___________________________________
Telephone Number
__________________________________________________________________________________________________________________
Address
__________________________________________________________________________________________________________________
Address
37 CFR 1.378(c) states: “Any petition under this section must be signed in compliance with § 1.33(b).”
12. ENCLOSURES
Maintenance Fee Payment
Petition fee under 37 CFR 1.17(m) (fee for filing the maintenance fee petition)
Additional sheet(s) containing statement establishing unintentional delay
Other: ________________________________________________________________________________________________________
_____________________________________________________________________________________________________________

Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in
connection with your submission of the attached form related to a patent application or
patent. The United States Patent and Trademark Office (USPTO) collects this
information under authority of 37 CFR 1.378. The information in this system of records is
used to manage all records of applicant including name, citizenship, residence, post
office address and other information with respect to inventors and their legal
representatives pertaining to the applicant's activities in connection with the invention for
which a patent is sought. This information is protected from disclosure to third parties in
accordance with the Privacy Act.
However, routine uses of this information may include disclosure to the following: to law
enforcement and investigation in the event that the system of records indicates a
violation or potential violation of law; to a Federal, state, local, or international agency, in
response to its request; to an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law; to non-federal personnel
under contract to the agency; to a court for adjudication and litigation; to the Department
of Justice for Freedom of Information Act (FOIA) assistance; to members of congress
working on behalf of an individual; to the Office of Personnel Management (OPM) for
personnel research purposes; to National Archives and Records Administration for
inspection of records; and to the Office of Management and Budget (OMB) for legislative
coordination and clearance. Failure to provide any part of the requested information may
result in an inability to process requests for access and information. The applicable
Privacy Act System of Records Notice for this information is COMMERCE/PAT-TM-7
Patent Application Files, available at Federal Register / Vol. 78, No. 61 / Friday, March
29, 2013 /Notices 19243. https://www.govinfo.gov/content/pkg/FR-2013-03-29/
pdf/2013-07341.pdf

File Type	application/pdf
Author	OPLA
File Modified	2021-09-14
File Created	2020-12-18