Window close refers to the period after a utility patent, which is issued from an application filed on or after December 12, 1980, expires if the required maintenance fee is not paid. Once a patent expires, the inventor loses exclusive rights to the invention. To reinstate an expired patent, a petition must be filed along with the appropriate fees.
This term is primarily used in patent law, which is a branch of intellectual property law. It is relevant for inventors, businesses, and legal professionals involved in the patent application and maintenance process. Users can manage aspects of patent maintenance themselves using legal templates from US Legal Forms, which can help ensure compliance with necessary procedures.
Here are a couple of examples of abatement:
Example 1: An inventor holds a utility patent for a new type of engine. They fail to pay the maintenance fee by the deadline, resulting in the patent expiring. To regain their patent rights, they file a petition with the required fees.
Example 2: A company develops a patented technology but neglects to pay the maintenance fee. After realizing the patent has expired, they submit a petition to reinstate it within the allowed time frame. (hypothetical example)
| Term | Definition | Difference |
|---|---|---|
| Patent Expiration | The end of a patent's enforceable term. | Window close specifically refers to the period after expiration when reinstatement is possible. |
| Maintenance Fee | A fee required to keep a patent active. | Window close occurs after the maintenance fee is not paid, leading to expiration. |
If your patent is approaching its maintenance fee deadline, ensure you pay the fee on time to avoid expiration. If your patent has already expired, consider filing a petition for reinstatement as soon as possible. For assistance, explore US Legal Forms' templates to help you navigate the process. If your situation is complex, consulting a legal professional may be necessary.
Browse our library of 85,000+ state-specific legal templates.
Your patent will expire, and you will lose exclusive rights to your invention unless you file a petition for reinstatement.