Re: Taking over on an abandoned application
« Reply #1 on: Nov 23rd, 2007, 3:03pm »
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.