[Patentpractice] Sample revival?

[Jennifer Bales]

This has not been my experience. I did two of these recently for the same attorney (the first client recommended me to the second client), and I never talked to the previous attorney. 

We submitted an affidavit from the client about what happened (no notice of the maintenance fee coming due, no response to messages and emails once the client realized the patent had expired) and that was sufficient. What mattered is that the lack of action was inadvertent on the patent owner's part, not whatever was going on with the previous lawyer.

Regards,
Jennifer

> On May 28, 2024, at 12:57 PM, Randall Svihla via Patentpractice <patentpractice at oppedahl-lists.com> wrote:
> 
> 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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