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Re: Lost Patend Claims

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Posted by M. Arthur Auslander on September 19, 2003 at 19:17:56:

In Reply to: Lost Patend Claims posted by John Manis on September 18, 2003 at 21:03:11:

: 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?

Dear Mr. Manis,
Just getting a patent can be a waste of money unless you are using the patented product in some way.
You might be able to try to get a reissue patent to clean up what you want if it is really available.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
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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? : Dear Mr. Manis, : Just getting a patent can be a waste of money unless you are using the patented product in some way. : You might be able to try to get a reissue patent to clean up what you want if it is really available. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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Re: Lost Patend Claims

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