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[Yak]

Good morning all, two questions.  I tried to search for answers on the forum but didn't have any luck.  If these have been addressed previously maybe someone could point me to that thread.  If not any comments are appreciated. 

1) Is there a standard for how long a practitioner should maintain physical files for former clients after a patent application has issued or abandoned?  Is there an obligation to maintain the communications or invention disclosures for a possible future litigation or any risk by not doing so?

2) How do practitioners handle maintenance fees for clients.  After the patent issues does the practitioner owe an obligation to the client to track and notify them when each maintenance fee is due or is it ok to just give the client all the due dates, as printed on the front cover, once the patent issues and you end your engagement with the client. 

[Isaac]

1) Is there an obligation to maintain the communications or invention disclosures for a possible future litigation or any risk by not doing so?

Evidence in the file might help the client if it becomes necessary to sue an infringer, and it might also help the attorney if he is ever sued for malpractice.  It is not uncommon for the first patent law suit to start a decade or more after the patent is issued. 

Given the above, I ask, "How long are you going to maintain those files?"

2) How do practitioners handle maintenance fees for clients.  After the patent issues does the practitioner owe an obligation to the client to track and notify them when each maintenance fee is due or is it ok to just give the client all the due dates, as printed on the front cover, once the patent issues and you end your engagement with the client. 

The client must make arrangements for paying the maintenance fees.  You need to decide whether or not you want to offer the service to clients.  If not, make sure you inform them that you are not doing it, and if you are make sure that the client knows how much you will charge.  There are companies that do maintenance fee check relatively cheaply.

[blakesq]

My engagement letter states that i will keep client files for 6 years after the conclusion of a matter, then I will destroy files.  when a patent issuese, I send a letter to my client offering my services to docket  maintenance fees and notifying them of upcoming due dates. 

[Yak]

Thanks guys.

Given the above, I ask, "How long are you going to maintain those files?"

It appears we have just been keeping files forever. But are running out of room and are trying to make a decision whether to store the files somewhere else or get rid of them.  If we decide to get rid of them we are trying to figure out how long we should maintain them before getting rid of them. 

[bleedingpen]

Thanks guys.

Given the above, I ask, "How long are you going to maintain those files?"

It appears we have just been keeping files forever. But are running out of room and are trying to make a decision whether to store the files somewhere else or get rid of them.  If we decide to get rid of them we are trying to figure out how long we should maintain them before getting rid of them. 

There are state bar rules on how long you have to keep a file after it is no longer "active."

With that said, it has become so easy to scan paperwork into a digital format, so why not just scan the inactive files and mail the paper files to the client?

[Yak]

There are state bar rules on how long you have to keep a file after it is no longer "active."

With that said, it has become so easy to scan paperwork into a digital format, so why not just scan the inactive files and mail the paper files to the client?

Thanks for that, I will check my bar rules for some additional guidance on that. 

Transferring the files to electronic versions was an alternative we are considering.  I wasn't sure if there were any reasons why someone wouldn't do that or if there would be any unforeseen consequences to doing that.   

[Isaac]

Transferring the files to electronic versions was an alternative we are considering.

You might want to consider culling the files.  There are probably things in the file like copies of patent references that could be removed from the file without losing any important info.