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

Wed Nov 22 23:29:20 UTC 2023

Following up on this, OPLA advised to submit Letter of Authentication and death certificate to the Certified Copy Center. This proved sufficient to at least get a paper copy of the dead inventor’s application mailed.  We were advised that electronic access (i.e., via Patent Center) would not be possible by any means.

Best regards,

-Jim

James C. Larsen
Attorney
Larsen IP PLLC
p: 425.298.6846
e: jim at Larsen-IP.com<mailto:jim at Larsen-IP.com>
w. www.Larsen-IP.com<http://www.Larsen-IP.com>

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From: David Boundy <DavidBoundyEsq at gmail.com>
Date: Tuesday, November 14, 2023 at 3:13 PM
To: Jim Larsen <jim at larsen-ip.com>
Cc: David Boundy <DavidBoundyEsq at gmail.com>, patentcenter at oppedahl-lists.com <patentcenter at oppedahl-lists.com>
Subject: Re: [Patentcenter] Access to provisional application of deceased inventor - how?
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<mailto: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<mailto:jim at Larsen-IP.com>
w. www.Larsen-IP.com<http://www.Larsen-IP.com>

NOTICE OF CONFIDENTIALITY: The information contained in this email, including any attachments, is confidential and may be privileged. It is intended only for the use of the individual(s) or entity named herein. If the reader of this message is not the intended recipient or authorized agent, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. Unintended recipients are requested to notify the sender immediately and to permanently delete this e-mail, any attachments, and copies.

From: David Boundy <DavidBoundyEsq at gmail.com<mailto:DavidBoundyEsq at gmail.com>>
Date: Tuesday, November 14, 2023 at 2:02 PM
To: patentcenter at oppedahl-lists.com<mailto:patentcenter at oppedahl-lists.com> <patentcenter at oppedahl-lists.com<mailto:patentcenter at oppedahl-lists.com>>
Cc: Jim Larsen <jim at larsen-ip.com<mailto: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<mailto: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<mailto:jim at Larsen-IP.com>

w. www.Larsen-IP.com<http://www.larsen-ip.com/>

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