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   office action deadline and fee calculation
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   Author  Topic: office action deadline and fee calculation  (Read 1892 times)
Agent_Smiley
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Posts: 10
Re: office action deadline and fee calculation
« Reply #10 on: Oct 24th, 2007, 10:46pm »
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I agree with Isaac. No extension fees are required to revive an abandoned application (I know from experience because I knew an attorney that would rather abandon an application and revive it rather than pay the expensive extensions). Of course, you run the risk of malpractice and lose claim to any extensions of patent term.
 
Please correct me if I'm wrong.
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Isaac
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Re: office action deadline and fee calculation
« Reply #11 on: Oct 25th, 2007, 9:17am »
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I don't believe electing to revive versus paying the 3 month extention fee is a rational decision.    
 
First the fee with a petition to revive an unintentionally abandoned application is higher than the fee for a 3 month extension  (1540/770  vs. 1050/525).  The petition for an unavoidable abandoned applicaiton is less, but the showing for such a petition is quite high.
 
More importantly, if the attorney elects not to file the 3 month extension, then it would seem that the resulting abandonment was intentional, and that attempting to revive an application under those circumstances would involve lying that might invalidate the patent and might result in discipline and/or jail time for the practioner.
 
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Isaac
TataBoxInhibitor
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Posts: 456
Re: office action deadline and fee calculation
« Reply #12 on: Oct 25th, 2007, 9:50am »
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Yes.  You are correct.   No extension fees are required for a complete response to the previous office action.
 
Why is there such a disparity in cost between unavoidable and unintentional abandonment?  I am assuming unavoidable is the more difficult one to obtain?
 
Regards,
 
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biopico
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Re: office action deadline and fee calculation
« Reply #13 on: Oct 25th, 2007, 10:48am »
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on Oct 25th, 2007, 9:17am, Isaac wrote:

More importantly, if the attorney elects not to file the 3 month extension, then it would seem that the resulting abandonment was intentional, and that attempting to revive an application under those circumstances would involve lying that might invalidate the patent and might result in discipline and/or jail time for the practioner.

 
To prove it, it would be a big challenge.  Maybe that is what motivated the said attorney not to file the 3 month extension.
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