[Patentcenter] Access to provisional application of deceased inventor - how?

Tue Nov 14 23:20:23 UTC 2023

https://www.uspto.gov/web/offices/pac/mpep/s409.html
1.64 Substitute statement in lieu of an oath or declaration.

That should then lead to access.

On Tue, Nov 14, 2023 at 6:13 PM David Boundy via Patentcenter <
patentcenter at oppedahl-lists.com> wrote:

> 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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>
> *David Boundy *| Partner | Potomac Law Group, PLLC
>
> P.O. Box 590638, Newton, MA  02459
>
> Tel (646) 472-9737 | Fax: (202) 318-7707
>
> *dboundy at potomaclaw.com <dboundy at potomaclaw.com>* | *www.potomaclaw.com
> <http://www.potomaclaw.com>*
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