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   Author  Topic: question about express abandonment/CIP  (Read 2008 times)
jeanette
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Re: question about express abandonment/CIP
« Reply #5 on: Sep 7th, 2006, 12:00pm »
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thank you all
 
the original application was filed in Nove 2000, the CIP in Feb 2001
 
the CIP has been in the docket for examination since June 2005 but the examiner's supervisor told me they would not examine CIP pending resolution of the first application
 
I am confused. I thought this was standard operating procedure.
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Isaac
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Re: question about express abandonment/CIP
« Reply #6 on: Sep 7th, 2006, 12:30pm »
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on Sep 7th, 2006, 12:00pm, jeanette wrote:
the CIP has been in the docket for examination since June 2005 but the examiner's supervisor told me they would not examine CIP pending resolution of the first application
 
I am confused. I thought this was standard operating procedure.

 
It may be standard operating procedure for your particular circumstance, but not in the general case.  Often CIPs are filed with claims completely differing from those in the parent.   Examination on those CIPs may happen concurrently with examination of the parent.
 
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Isaac
ChrisWhewell
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Re: question about express abandonment/CIP
« Reply #7 on: Sep 8th, 2006, 9:25pm »
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on Sep 7th, 2006, 12:00pm, jeanette wrote:
thank you all
 
the original application was filed in Nove 2000, the CIP in Feb 2001
 
the CIP has been in the docket for examination since June 2005 but the examiner's supervisor told me they would not examine CIP pending resolution of the first application
 
I am confused. I thought this was standard operating procedure.

 
 
I see things a little differently sometimes, and so will respectfully ask "Why do you want the patent on the CIP?"  Presumably, your CIP has published by now, and if you are aware of any infringer, you can put them on actual notice of the publication of your application, to obtain provisional damages, provided that the claims in the issued CIP (if it issues) are substantially the same as in the published application.  That starts the damages clock ticking.
 
If you are not aware of an infringer, then presumably you want the patent for advertising purposes, to perhaps try to sell the patent rights to someone.
 
Or perhaps you are currently making and selling or using items covered by the claims or process, whichever is applicable.  If this is the case, sending the published spec to others with an offer of a license might not be a bad idea, as it would also start the 35 USC 1.54(d) clock as well.
 
I see the best answer to your question being dependent on how you intend to use the IP.  Since there are many different ways a patent can be used, the best answer to your question depends on your intended use of the issued patent.
 
 
 
« Last Edit: Sep 8th, 2006, 9:32pm by ChrisWhewell » IP Logged

Chris Whewell, M.S.
Isaac
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Re: question about express abandonment/CIP
« Reply #8 on: Sep 8th, 2006, 11:20pm »
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on Sep 8th, 2006, 9:25pm, ChrisWhewell wrote:
I see the best answer to your question being dependent on how you intend to use the IP.  Since there are many different ways a patent can be used, the best answer to your question depends on your intended use of the issued patent.

 
What question are you answering?
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Isaac
ChrisWhewell
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Re: question about express abandonment/CIP
« Reply #9 on: Sep 9th, 2006, 7:12am »
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on Sep 8th, 2006, 11:20pm, Isaac wrote:

 
What question are you answering?

 
Thank you for questioning my response.  For clarity, please consider
my reply above, as all of my replies I ever post, as being personal opinions.  As such, they can be neither right nor wrong, by definition.   Thus, I was offering my personal opinion, that I would require more information before I could answer the question.   It is my opinion that there is immense value in sharing opinions.  
 
Thanks,
 
Chris
 
 
 
 
« Last Edit: Sep 9th, 2006, 7:39am by ChrisWhewell » IP Logged

Chris Whewell, M.S.
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