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Keywords

plaintiffdefendantstatutemotionsummary judgmentpatenttrademarkmotion for summary judgment
plaintiffdefendantstatutemotionsummary judgmentpatenttrademarkmotion for summary judgment

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Rydeen v. Quigg

Facts

U.S. Patent No. 4,409,763, covering a particular type of post and beam construction, was issued to plaintiff on October 18, 1983. The first maintenance fee payment for the patent became due on April 18, 1987, and was payable within a six-month grace period expiring on October 19, 1987. Plaintiff did not receive a reminder notice until October 19th, the last day of the grace period, and did not act upon that notice until the next day. The defendant denied plaintiff's request for a waiver, finding that the delay in payment was not 'unavoidable.'

U.S. Patent No. 4,409,763, covering a particular type of post and beam construction, was issued to plaintiff on October 18, 1983. The first maintenance fee payment for the patent became due on April 18, 1987, and was payable within a six-month grace period expiring on October 19, 1987. Plaintiff did not receive a reminder notice until October 19th, the last day of the grace period, and did not act upon that notice until the next day. The defendant denied plaintiff's request for a waiver, finding that the delay in payment was not 'unavoidable.'

Issue

Whether the Commissioner of Patents and Trademarks had a duty to notify the plaintiff of the due date for the maintenance fee and whether the plaintiff's delay in payment was 'unavoidable' under 35 U.S.C. 41(c)(1).

Whether the Commissioner of Patents and Trademarks had a duty to notify the plaintiff of the due date for the maintenance fee and whether the plaintiff's delay in payment was 'unavoidable' under 35 U.S.C. 41(c)(1).

Rule

Under 35 U.S.C. 41(c)(1), the Commissioner may accept late payment of a maintenance fee if the delay is shown to the satisfaction of the Commissioner to have been 'unavoidable.' The Patent and Trademark Office has no statutory duty to notify patentees when their maintenance fees are due.

Under 35 U.S.C. 41(c)(1), the Commissioner may accept late payment of a maintenance fee if the delay is shown to the satisfaction of the Commissioner to have been 'unavoidable.' The Patent and Trademark Office has no statutory duty to notify patentees when their maintenance fees are due.

Analysis

The court analyzed the Commissioner's interpretation of 'unavoidable' and the lack of a duty to provide reminder notices. It found that the Commissioner's actions were valid under the standards of the Administrative Procedure Act and that the interpretations were permissible constructions of the relevant statutes. The court concluded that the plaintiff did not demonstrate that the delay was unavoidable and that the Commissioner's decision was not arbitrary or capricious.

The court analyzed the Commissioner's interpretation of 'unavoidable' and the lack of a duty to provide reminder notices. It found that the Commissioner's actions were valid under the standards of the Administrative Procedure Act and that the interpretations were permissible constructions of the relevant statutes. The court concluded that the plaintiff did not demonstrate that the delay was unavoidable and that the Commissioner's decision was not arbitrary or capricious.

Conclusion

The court granted the defendant's motion for summary judgment, holding that the defendant's determination that the plaintiff was not entitled to a waiver for the late filing of its patent maintenance fee or notice from the defendant did not violate the Administrative Procedures Act or constitutional provisions.

The court granted the defendant's motion for summary judgment, holding that the defendant's determination that the plaintiff was not entitled to a waiver for the late filing of its patent maintenance fee or notice from the defendant did not violate the Administrative Procedures Act or constitutional provisions.

Who won?

Defendant, Commissioner of Patents and Trademarks, prevailed because the court found that the plaintiff failed to demonstrate that he was entitled to relief and that the Commissioner's interpretations were valid.

Defendant, Commissioner of Patents and Trademarks, prevailed because the court found that the plaintiff failed to demonstrate that he was entitled to relief and that the Commissioner's interpretations were valid.

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