Legal Title Holder is Responsible for Maintenance Fees

Burandt v. Dudas, [2007-1504](June 10, 2008)[LOURIE, Newman, Bryson] The Federal Circuit affirmed summary judgment that affirmed the Patent Office’s refusal to accept Burandt’s late payment of maintenance fees.
SIGNIFICANCE: The hold of legal title is responsible for maintenance fees, and is the party whose conduct must considered in deciding whether non-payment was unavoidable.
DISCUSSION: Legal title to Burandt’s patents were held by IRI, while Burandt claimed equitable title. Burandt challenged the focus on the actions of IRI as the legal title holder in determining whether there was unavoidable delay rather than focusing on the actions of Burandt as the equitable owner. The Federal Circuit held that the legal title holder is responsible for payment of the maintenance fees.