Our program helps patent holders pursue litigation for damages under 35 U.S.C. 286 for patents that are expired or abandoned but still eligible for recovery based on infringement that occurred within the last 6 years.

Patents that are eligible for the Patent Rescue Program must have expired after the standard 20-year term as per the U.S. Patent Act, or have been abandoned and are no longer maintained by the original patent holder. These patents are eligible for litigation under 35 U.S.C. § 286, enforcement of patent rights up to 6 years after expiration, provided that the patent holder’s rights were not previously abandoned due to non-payment of maintenance fees.

In the context of this program, “expired” refers to patents that have completed their 20-year term from the filing date, as defined by U.S. patent law. It is important to note that this is different from patents that have lapsed or been abandoned due to non-payment of maintenance fees. The expiration date is calculated from the original filing date and is not affected by maintenance fee payments. Once the 20-year term concludes, the patent is no longer enforceable unless it is part of the Patent Rescue Program under Section 35 U.S.C. § 286.

Patents that have been abandoned due to non-payment of maintenance fees are generally considered no longer enforceable. However, if a patent is reinstated under certain conditions (e.g., petitions the USPTO for reinstatement), there may be an opportunity to pursue legal action. The Patent Rescue Program, in some cases, will assist, and move under Section 35 U.S.C. § 286.

Even though your patent may have expired, if it was infringed upon during the last 6 years, you can still recover damages. Our program aims to ensure that valuable patents aren’t overlooked and are used to their full potential.

There are no upfront costs for patent holders to participate. As a nonprofit, we work on a contingency basis, meaning we will only receive compensation if your patent recovers damages through litigation. We will cover some cost involved in the legal action.

For litigation purposes, ownership of the patent doesn’t necessarily need to be transferred. We can either work with you on a license or joint enforcement agreement that gives us the authority to pursue legal action on your behalf.

We focus on patents that have been abandoned or expired within the last 6 years. We evaluate the potential infringement opportunities and market value of the patent to determine whether legal action is likely to yield results.