[Patentcenter] Access to provisional application of deceased inventor - how?
David Boundy
DavidBoundyEsq at gmail.com
Tue Nov 14 23:12:36 UTC 2023
That's new information! If you file paper or FAX you don't need the
4-digit confirmation number. But if you filed by EFS-Web, then you've got
the confirmation number, so that doesn't matter.
OPLA or Office of Petitions are plausible places to go for help. Inventor
Assistance Center and Application Assistance Unit aren't worth the
electricity bill to power your phone for the music-on-hold time.
Do you have any kind of doc that shows that the widow is the legal
representative? Can you excerpt down to a small doc that you're willing to
make public and that will satisfy a PTO person? Half the first page, the
one relevant paragraph, and the signature block oughtta do it. Redact
down to that and attach that to your Power of Attorney or 3.73 statement.
On Tue, Nov 14, 2023 at 5:31 PM Jim Larsen <jim at larsen-ip.com> wrote:
> Is there a benefit to filing in paper/fax versus patentcenter (by which I
> already unsuccessfully filed PoA) in this instance?
>
>
>
> Best regards,
>
> -Jim
>
> James C. Larsen
> Attorney
> Larsen IP PLLC
> p: 425.298.6846
> e: jim at Larsen-IP.com
> w. www.Larsen-IP.com
>
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> *From: *David Boundy <DavidBoundyEsq at gmail.com>
> *Date: *Tuesday, November 14, 2023 at 2:02 PM
> *To: *patentcenter at oppedahl-lists.com <patentcenter at oppedahl-lists.com>
> *Cc: *Jim Larsen <jim at larsen-ip.com>
> *Subject: *Re: [Patentcenter] Access to provisional application of
> deceased inventor - how?
>
> Sounds like you have enough to file a Power of Attorney in plain old paper
> or FAX?
>
>
>
> On Tue, Nov 14, 2023 at 4:28 PM Jim Larsen via Patentcenter <
> patentcenter at oppedahl-lists.com> wrote:
>
> I've been trying for weeks to get access to a (expired) provisional
> application on behalf of the widow of the deceased inventor, as there is
> interest in the likely subject matter, given the inventor's renown in his
> field. There was (as far as we know) no attorney, no co-inventor listed in
> the file, and, obviously, no available record of the application. I have
> appropriate documentation identifying the widow as a legal representative
> and have filed a power of attorney signed by same. This resulted in an
> Unauthorized Signature response from the PTO. After speaking with people
> in the inventor's assistance center, USPTO legal office, and certification
> section I'm no closer to getting access as each PTO contact's respective
> passing the buck has yet to identify someone that actually knows how to
> gain access. I have only the inventor name and the application number to
> go on. Any ideas how to get access?
>
>
>
> Best regards,
>
>
>
> -Jim
>
>
>
>
> *James C. Larsen *Attorney
>
> *Larsen IP PLLC*
>
> p: 425.298.6846
>
> e: jim at Larsen-IP.com
>
> w. www.Larsen-IP.com <http://www.larsen-ip.com/>
>
>
>
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>
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Tel (646) 472-9737 | Fax: (202) 318-7707
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