How does reapplying for a patent after abandoning a previous application affect rights under pre-AIA 35 U.S.C. 102(c)?
Reapplying for a patent after abandoning a previous application does not necessarily constitute abandonment under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134: “Where there is no evidence of expressed intent or conduct by inventor to abandon the invention, delay in reapplying for patent after abandonment of a previous application does not constitute abandonment under…
Read MoreCan an abandoned international design application be converted to a U.S. design application?
An abandoned international design application cannot be directly converted to a U.S. design application without first addressing the abandonment. The MPEP clearly states: “A petition under this section will not be granted in an abandoned international design application absent a grantable petition under § 1.1051.“ This means that before conversion can be considered, the applicant…
Read MoreCan an abandoned patent application be revived after failing to respond within the statutory period?
Yes, an abandoned patent application can potentially be revived even after failing to respond within the statutory period. The MPEP 711.02 provides guidance on this: “An abandoned application may be revived as a pending application if the delay in prosecution was unintentional.” To revive an abandoned application, the applicant must: File a petition to revive…
Read MoreHow can I revive an abandoned international patent application?
To revive an abandoned international patent application, you need to file a petition under 37 CFR 1.137 for unintentional delay. This petition is decided by the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Petitions under 37 CFR 1.137 (unintentional delay) to revive an application filed under the Patent Cooperation Treaty (PCT).”…
Read MoreWhat form is used for reviving an application abandoned due to failure to notify the USPTO of foreign filing?
For reviving a patent application that was abandoned due to failure to notify the USPTO of foreign or international filing, you should use Form PTO/SB/64a. The full title of this form is “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR…
Read MoreHow can an applicant revive an abandoned international application in the national stage?
If an international application becomes abandoned in the national stage, an applicant can file a petition to revive it. The process for revival is as follows: File a petition in accordance with 37 CFR 1.137 Use Form PTO/SB/64PCT for convenience (available online at www.uspto.gov/patent/patents-forms) As stated in MPEP 1893.02: “Applicant may file a petition to…
Read MoreWhat options does an applicant have if an application is abandoned after reopening prosecution?
If an application is abandoned after reopening prosecution following a withdrawal from issue, the applicant has specific options regarding the previously paid issue fee. According to MPEP 1308.01: “If abandoned, applicant may request refund or credit to a deposit account.” The applicant’s options include: Requesting a refund of the previously paid issue fee Requesting that…
Read MoreHow can an applicant revive an abandoned application due to failure to reply?
To revive an abandoned application due to failure to reply, an applicant must file a petition to revive under 37 CFR 1.137. The petition must include: The required reply (which must have been filed) A statement that the entire delay in filing the required reply was unintentional Any terminal disclaimer required pursuant to 37 CFR…
Read MoreWhat happens if I file an amendment after the period for reply has expired?
If you file an amendment after the period for reply has expired, it will generally not be entered. According to MPEP 714.17: An amendment filed after the expiration of the statutory period for reply to an Office action cannot be entered. The applicant may file a continuing application or request for continued examination (RCE) (if…
Read MoreCan an abandoned patent application be revived?
Yes, an abandoned patent application can potentially be revived under certain circumstances. The MPEP 711.02 states: “An application abandoned under 37 CFR 1.135 may be revived as a pending application if the delay was unintentional.” To revive an abandoned application, the applicant must: File a petition to revive under 37 CFR 1.137 Pay the required…
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