[Patentpractice] Sample revival?
Judith S
judith.a.s at gmail.com
Tue May 28 19:22:40 UTC 2024
Thank you everyone!
As far as I can tell the attorney still exists but now is practicing in a
different field. We have sent multiple emails to him at all addresses. The
last email indicated we would file a bar complaint. I have not gotten
anything back from him, not even an acknowledgement of our communications.
I will probably be calling his office.
I will not file a complaint without doing my best to talk to him first and
figure out what happened here.
Judith
On Tue, May 28, 2024 at 12:10 PM Bruce Young <bruce at youngtogether.com>
wrote:
> 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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