[Patentpractice] Revival of provisional application?

[Timothy Snowden]

Same here. Get the paperwork filed - you may have to file the 
application before the provisional gets revived. I'm sure there are 
pitfalls there but it's the best you can do.

BTW - if you file the POA with the petition it gets processed. I'd 
refile the POA --WITH-- the petition (I've been told the pre-exam 
processing folks don't go back and process things filed before what's 
being processed - they just process what's filed on the date with 
whatever triggered their action).

Then I'd also call AAU and get them to send a request. Sometimes you 
have to wait 10 business days from filing before they'll do anything but 
sometimes they'll help make sure things are alive.

The inventor who filed it CAN call the AAU and get them to find you the 
application number and confirmation number (but it sounds like you 
already have it). If they're on the phone, the AAU will usually tell you 
what needs to be done to respond. It's not bulletproof but in a case 
like this sometimes it's all you can do.

On 6/5/2025 9:56 AM, Katherine Koenig wrote:
>
> Hi Timothy,
>
> Thank you for your reply, that’s good news.  One rub is that the AAU 
> representative also told me that the POA I’d filed won’t be processed 
> because the provisional has lapsed (I’ve been told – and have seen – 
> this many times when trying to access provisional applications filed 
> by the client, which I think is so frustrating), so I won’t be able to 
> see the entire filewrapper.   Hopefully the client still has all the 
> documentation he’d received – and he doesn’t have access to the file 
> either!  He thinks he filed as a guest and doesn’t have a USPTO 
> account?  Nothing like untying a knot at the last minute!
>
> Best regards,
>
> Katherine
>
> Dr. Katherine Koenig
>
> /Registered Patent Attorney/
>
> Koenig IP Works, PLLC
>
> 2208 Mariner Dr.
>
> Fort Lauderdale, FL 33316
>
> (954) 903-1699
>
> katherine at koenigipworks.com
>
> /Targeted Intellectual Property Strategy/
>
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> *From:*Patentpractice <patentpractice-bounces at oppedahl-lists.com> *On 
> Behalf Of *Timothy Snowden via Patentpractice
> *Sent:* Thursday, June 5, 2025 10:50 AM
> *To:* patentpractice at oppedahl-lists.com
> *Cc:* Timothy Snowden <tdsnowden at outlook.com>
> *Subject:* Re: [Patentpractice] Revival of provisional application?
>
> So if I understand that the prov was filed 6/16/2024, and went 
> abandoned 2/25/2025 due to failure to respond to NTFMP, then you 
> should be able to petition to revive unintentionally abandoned 
> application. I just did the same thing in a self-filed provisional 
> where the ADS had not been signed by all inventors and so was treated 
> as not having been filed. They didn't get the notice, the application 
> went abandoned, and as soon as we discovered it when I got the case we 
> filed petition to revive. PTO form SB0064. Make sure to comb through 
> the file history and also file with the petition a reply to any 
> outstanding requirements. It's less than 2 years, so you only have to 
> state that the delay was unintentional - you don't need a statement.
>
> On 6/5/2025 9:44 AM, Katherine Koenig via Patentpractice wrote:
>
>     Hi everyone,
>
>     We have a utility/foreign filing deadline of 6/16/2025 based on
>     the filing date of a US provisional application (6/16/2025). The
>     client filed the provisional application himself, and had provided
>     me with the application as filed and the ADS he’d filed.  I’m
>     today learning that he’d received a Notice to File Missing Parts
>     because no certification statement for his micro-entity status had
>     been filed with the application.
>
>     I called the AAU and was told the provisional has been abandoned
>     since 2/25/2025 because the client never replied to the Notice. 
>     I’m aware of petitioning to restore the right of priority to a
>     prior-filed provisional that has naturally expired at the end of
>     the 12-month term, but is there a way to revive a provisional for
>     failure to respond to a Notice?  The AAU representative told me
>     there’s nothing we can do, and I’m not aware of any solution – but
>     hoping someone here has a better answer.  Thank you!
>
>     Best regards,
>
>     Katherine
>
>     Dr. Katherine Koenig
>
>     /Registered Patent Attorney/
>
>     Koenig IP Works, PLLC
>
>     2208 Mariner Dr.
>
>     Fort Lauderdale, FL 33316
>
>     (954) 903-1699
>
>     katherine at koenigipworks.com
>
>     /Targeted Intellectual Property Strategy/
>
>     /The information contained in this communication, including any
>     attachments, is privileged and confidential information intended
>     only for the use of the individual or entity named above.  If
>     //you are not the intended recipient, or the employee or agent
>     responsible to deliver it to the intended recipient, you are
>     hereby notified that any review, dissemination, distribution, or
>     copying of this communication is strictly prohibited.  If you have
>     received this communication in error, do not read it.  Please
>     immediately reply to the sender that you have received this
>     communication in error and then destroy all paper and electronic
>     copies.  Thank you./
>
>
>
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