Can I refile for patent protection after the application was abandoned? - Patent Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I refile for patent protection after the application was abandoned?

My Patent Application was abandoned after I did not answer the final Office Action. What recourse might I have? I have the Trade Mark issued on the Idea. Can I refile something for protection?

Answer By Hasse & Nesbitt
DANIEL NESBITT
Contact this Attorney Now

You can revive a patent application that went abandoned unintentionally, by filing a petition to revive the application promptly after discovering its abandonment, along with the required fees, and the response to the last final rejection action.

Answer Applies to: Ohio
Replied: 4/18/2011

Answer By Deepak Malhotra
Malhotra Law Firm, PLLC
Contact this Attorney Now

You could possibly file a petition to revive depending on a variety of factors such as the reasons for the abandonment and when the application or other prior art was published. It may also be possible to file a new application; e.g., on improvements.

Answer Applies to: Washington
Replied: 4/18/2011

Michael M. Ahmadshahi
Contact this Attorney Now

You may file a petition to revive the application if your failure to respond was either unintentional or unavoidable.

Answer Applies to: California
Replied: 4/17/2011

Answer By Marcia A. Devon
Devon & Associates
Contact this Attorney Now

It is possible that you could revive your patent application or re-file the application depending on the facts. You should act immediately by contacting a licensed patent attorney. I do not understand your statement about having a "Trade Mark issued on the Idea". A famous judge is known for his quote: "ideas are as free as the air." Perhaps you have a name or a logo which you use in selling your product?

Answer Applies to: California
Replied: 4/16/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy