[Patentpractice] Sample revival?

[Bruce Young]

Judith,

I had a similar situation a few years ago. See 62/512,345. It should be visible in PatentCenter but if not, let me know and I can send you a copy of the petition I submitted. (Don’t worry about the returned mail – you can see in the document that the envelope had no address visible. I got the decision through PAIR. I my particular case, my client had paid him to prepare and file a provisional application, which the attorney did, but he never paid the filing fee to the USPTO. He never reported that to the client and never reported that it had gone abandoned. He even later filed a non-provisional claiming benefit to the provisional (after it had been abandoned) before ceasing all communication with them.

I reported the practitioner (an attorney) to the OED and he lost his right to practice before the USPTO. I don’t know if there was reciprocal action by the Kansas Bar. When I investigated after this client came to me telling me that their previous attorney had disappeared, I discovered that he had ghosted several clients. And in fact, the OED action listed noted two different clients in their action.

-Bruce Young
(712) 541-9822

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Judith S via Patentpractice
Sent: Tuesday, May 28, 2024 1:44 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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