§ 41.
(c)
Delays in Payment of Maintenance Fees.—
(1)
Acceptance.—
The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional. The Director may require the payment of the fee specified in subsection (a)(7) as a condition of accepting payment of any maintenance fee after the 6-month grace period. If the Director accepts payment of a maintenance fee after the 6-month grace period, the patent shall be considered as not having expired at the end of the grace period.
(2)
Effect on rights of others.—
A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or affect the right of any person or that person’s successors in business who made, purchased, offered to sell, or used anything protected by the patent within the United States, or imported anything protected by the patent into the United States after the 6-month grace period but prior to the acceptance of a maintenance fee under this subsection, to continue the use of, to offer for sale, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, or used within the United States, or imported into the United States, as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, and the court may also provide for the continued practice of any process that is practiced, or for the practice of which substantial preparation was made, after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the 6-month grace period but before the acceptance of a maintenance fee under this subsection.
(i)
Electronic Patent and Trademark Data.—
(1)
Maintenance of collections.—
The Director shall maintain, for use by the public, paper, microform, or electronic collections of United States patents, foreign patent documents, and United States trademark registrations arranged to permit search for and retrieval of information. The Director may not impose fees directly for the use of such collections, or for the use of the public patent or trademark search rooms or libraries.
(2)
Availability of automated search systems.—
The Director shall provide for the full deployment of the automated search systems of the Patent and Trademark Office so that such systems are available for use by the public, and shall assure full access by the public to, and dissemination of, patent and trademark information, using a variety of automated methods, including electronic bulletin boards and remote access by users to mass storage and retrieval systems.
(3)
Access fees.—
The Director may establish reasonable fees for access by the public to the automated search systems of the Patent and Trademark Office. If such fees are established, a limited amount of free access shall be made available to users of the systems for purposes of education and training. The Director may waive the payment by an individual of fees authorized by this subsection upon a showing of need or hardship, and if such a waiver is in the public interest.
(4)
Annual report to congress.—
The Director shall submit to the Congress an annual report on the automated search systems of the Patent and Trademark Office and the access by the public to such systems. The Director shall also publish such report in the Federal Register. The Director shall provide an opportunity for the submission of comments by interested persons on each such report.
([July 19, 1952, ch. 950], [66 Stat. 796]; [Pub. L. 89–83], §§ 1, 2, July 24, 1965, [79 Stat. 259]; [Pub. L. 93–596, § 1], Jan. 2, 1975, [88 Stat. 1949]; [Pub. L. 94–131, § 3], Nov. 14, 1975, [89 Stat. 690]; [Pub. L. 96–517, § 2], Dec. 12, 1980, [94 Stat. 3017]; [Pub. L. 97–247, § 3(a)]–(e), Aug. 27, 1982, [96 Stat. 317–319]; [Pub. L. 97–256, title I, § 101(1)]–(4), Sept. 8, 1982, [96 Stat. 816]; [Pub. L. 98–622, title II, § 204(a)], Nov. 8, 1984, [98 Stat. 3388]; [Pub. L. 99–607, § 1(b)(2)], Nov. 6, 1986, [100 Stat. 3470]; [Pub. L. 102–204, § 5(a)]–(c)(1), (d)(1), (2)(A), Dec. 10, 1991, [105 Stat. 1637–1639]; [Pub. L. 102–444, § 1], Oct. 23, 1992, [106 Stat. 2245]; [Pub. L. 103–465, title V], §§ 532(b)(2), 533(b)(1), Dec. 8, 1994, [108 Stat. 4986], 4988; [Pub. L. 105–358, § 3], Nov. 10, 1998, [112 Stat. 3272]; [Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4202, 4605(a), 4732(a)(5), (10)(A), 4804(d)(1)]], Nov. 29, 1999, [113 Stat. 1536], 1501A–554, 1501A–570, 1501A–582, 1501A–589; [Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)], Nov. 2, 2002, [116 Stat. 1906]; [Pub. L. 112–29], §§ 11(a)–(e), 20(j), Sept. 16, 2011, [125 Stat. 320–323], 335; [Pub. L. 112–211, title II, § 202(b)(1)], Dec. 18, 2012, [126 Stat. 1535]; [Pub. L. 117–328, div. W, § 107(a)], (b)(1), Dec. 29, 2022, [136 Stat. 5521].)