[Patentpractice] Sample revival?

[Randall Svihla]

Hi, Judith

Have you checked to see if the prior counsel is dead, or perhaps incarcerated?

You're going to have trouble with the one that has been expired more than two years.  Petitions is probably going to tell you need to get a statement from the prior counsel, which if course you wont be able to get.  So you're going to need to provide a detailed explanation of your attempts to locate them and what might have become of them.

Best regards,

Randall S. Svihla
NSIP Law
Washington, D.C.


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Judith S via Patentpractice
Sent: Tuesday, May 28, 2024 2:44 PM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Judith S <judith.a.s at gmail.com>
Subject: [Patentpractice] Sample revival?

Hi All,

I have a small client that came to me with some abandoned cases they hope to revive. Their prior counsel has disappeared -- he has been completely unresponsive. So I cannot get anything from him. (I am filing a bar complaint, because this is unconscionable -- one was abandoned because of failure to respond to a Missing Parts for $80 for a late declaration surcharge.)

They thought they were coming to me with pending applications.

Some of the earlier filings have been abandoned for more than two years, and they requested that I file a petition to revive with a statement. I have not done that before, and was wondering if anyone had a good example or article about it since the new rules.

Thank you!

Judith
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