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   Taking over on an abandoned application
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   Author  Topic: Taking over on an abandoned application  (Read 451 times)
glara37
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Posts: 4
Taking over on an abandoned application
« on: Nov 22nd, 2007, 9:17pm »
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Hi everybody,
 
So, I am new to the patent field and wanted some advice.
 
Here are the facts:
1. Assignor had a patent agent file his application.
2. Restriction/Election requirement was placed on application.
3. Failure to respond to office action.
3. Application is abandoned on 11/7/07.
 
What do I need to do to revive the application if I am not the original patent agent ?
 
I know I need to file a petition to revive the application but I was wondering what the procedures were for taking over this application? Please, any help will be appreciated.  
 
 
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Jonathan
Full Member
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Posts: 611
Re: Taking over on an abandoned application
« Reply #1 on: Nov 23rd, 2007, 3:03pm »
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Reviving the application:
 
1) File form SB0064 ( http://www.uspto.gov/web/forms/sb0064.pdf ) or equivalent -  'the petition;'
 
2) include the required petition fee; and
 
3) include a response to the Office Action.
 
No extension fees are required but just keep in mind the real definition of when the application technically went abandoned - 3 months after the Office Action mailing date. That is your operative date - get the petition, fee and response on file within one year of that mailing date. after 1 year +, you will need to explain why the petition was not filed sooner.
 
On a perhaps more important note, though, why was an Office Action response not filed? If it was anything intentional, I would have misgivings about signing the petition.
 
Answers to your other questions:
 
- It is not an issue for you to revive the application if you are not the practitioner of record.
 
-"Take over the application:" - just file a power of attorney signed by the assignee - not the assignor who is probably just the inventor.
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