[Patentpractice] Sample revival?

[Patent Lawyer]

Look at the 04/04/2017 Office Action Appendix in US 12/394,699 (US Patent 11,783,566).

https://globaldossier.uspto.gov/details/US/12394699/A/67903

The patent attorney (or agent), a solo practitioner, did not return his client’s calls.   The client was also the inventor.
At some point the attorney’s wife told his client that the attorney was dead.   He was not dead.   He was, apparently, ill.
He had dropped the ball on a number of things for this applicant.

The applicant insisted on acting pro se and got the case revived.  Perhaps because he acted pro se.  Again, see the 04/04/2017 Office Action Appendix in US 12/394,699

I believe the patent attorney was removed from the patent bar (I don’t see his registration at the PTO anymore).


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> on behalf of Patentpractice Patentpractice <patentpractice at oppedahl-lists.com>
Reply-To: Patentpractice Patentpractice <patentpractice at oppedahl-lists.com>
Date: Tuesday, May 28, 2024 at 2:59 PM
To: Patentpractice Patentpractice <patentpractice at oppedahl-lists.com>
Cc: Randall Svihla <rsvihla at nsiplaw.com>
Subject: Re: [Patentpractice] Sample revival?

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
-- Patentpractice mailing list Patentpractice at oppedahl-lists.com http://oppedahl-lists.com/mailman/listinfo/patentpractice_oppedahl-lists.com
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