Re: Lost Patend Claims

Subject: Re: Re: Lost Patend Claims

Comments:
: : I was allowed 34 claims on my application for Patend now issued, however 9 of the claims are invalid because my patend attorney failed to change the language of these allowed dependent claims to have proper antecedents in their associate independent claims in which language was changed for allowance of said independent claims making it necessary to change antecedent referneces of said dependent claims. What recourse do I have if any. This is a very valuable complex patend and the claims lost where broad in scope. Is my attorney liable for having lost my rights to them? : First, you're asking specific questions about your case and you should really address these to your attorney (preferably not the one you refer to in your post). This reply isn't legal advice and is only a general discussion of patent law and procedure without direct applicability to your specific case. : If the patent hadn't issued yet, you could file a continuation application and continue to prosecute those claims. After issuance, your options are considerably more limited. You can file for reissue, but you have to surrender your issued patent during the reissue proceedings. If your proposed reissue claims are broader than those issued, you have to file for reissue and present the broader claims within 2 years of the issuance of your patent. : So, I'd say there's a good chance that all is not yet lost. : As for your attorney's liability, it depends. Did he/she send you a list of the claims as allowed when asking you to pay the issue fee? In my opinion, he should have. If he did, what was your response then? : My point is this: there's a substantial amount of time and work between initial allowance of claims and issuance of those claims. Your attorney should have been communicating with you during that entire time and keeping you informed as to the status of your case. Sometimes, the attorney overlooks things. Sometimes, the client is simply unresponsive and the attorney is left to guess as to what the client would like. : More importantly, the issues of attorney liability aren't really within the scope of patent law itself, although the substance of patent law plays a role, obviously. Accordingly, your question might be better addressed to a forum on questions of legal errors and omissions. : I hope this helps. : Regards.

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any patent idea. See a lawyer.
Before you post a message you must agree to the Terms of Use.