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Author Topic: Patent status - Petition Entered  (Read 688 times)

rpp

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Patent status - Petition Entered
« on: 01-12-18 at 12:18 pm »

status says

12-29-2017   Petition Entered
12-29-2017   Email Notification
12-28-2017   Mail Abandonment for Failure to Correct Drawings/Oath
12-11-2017   Abandonment for Failure to Correct Drawings/Oath/NonPub Request
09-20-2017   Application Is Considered Ready for Issue
09-18-2017   Issue Fee Payment Verified
09-18-2017   Issue Fee Payment Received

I am concerned about these..

12-28-2017   Mail Abandonment for Failure to Correct Drawings/Oath
12-11-2017   Abandonment for Failure to Correct Drawings/Oath/NonPub Request

What about these? Am I supposed to rework on the drawings and oath before grant? Or my patent attorney has fixed them and status changed to 'Petition Entered'?
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lazyexaminer

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Re: Patent status - Petition Entered
« Reply #1 on: 01-12-18 at 12:24 pm »

The petition could be a petition to withdraw the notice of abandonment because it was improper, or it could be a petition to revive, or maybe something else...but really if you have an attorney as you indicated you should ask them.
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I'm not your examiner, I'm not your lawyer, and I'm speaking only for myself, not for the USPTO.

rpp

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Re: Patent status - Petition Entered
« Reply #2 on: 01-12-18 at 01:09 pm »

I just had a call with the attorney.. they missed informing me about correction required in one of the document

12-29-2017   Petition Entered
12-29-2017   Email Notification
12-28-2017   Mail Abandonment for Failure to Correct Drawings/Oath
12-11-2017   Abandonment for Failure to Correct Drawings/Oath/NonPub Request
09-20-2017   Application Is Considered Ready for Issue
09-18-2017   Issue Fee Payment Verified
09-18-2017   Issue Fee Payment Received
09-13-2017   Email Notification
09-13-2017   Mailing Corrected Notice of Allowability
09-06-2017   Reasons for Allowance
09-06-2017   Examiner's Amendment Communication
08-10-2017   Interview Summary - Examiner Initiated - Telephonic
09-06-2017   Corrected Notice of Allowability
08-09-2017   Email Notification
08-08-2017   Email Notification
08-08-2017   Mail PUB other miscellaneous communication to applicant
08-04-2017   PUB Other miscellaneous communication to applicant

They missed informing me about the changes USPTO has requested for a drawing. They had not filed anything for 4 months and hence Abandonment was raised.

A day later they have filed a petition. I mean we had a letter of allowance and because of oversight, we are in this predicament. Will USPTO usually accept the petition, or they are very stern on such issues ... we are this close to a patent grant
« Last Edit: 01-12-18 at 01:11 pm by rpp »
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fewyearsin

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Re: Patent status - Petition Entered
« Reply #3 on: 01-12-18 at 01:43 pm »

*** This is not legal advice.  This is not the view of any firm or the PTO.  This isn't even necessarily my view or opinion, just some thoughts for your consideration. ***

First, I've seen patents revived from much worse.

Second - "They missed informing me . . . "  I'm not sure if there is a nice way to say this, or if you even need to bring this up to your attorney, but that appears to be pretty straight forward malpractice.  The only reason you don't have a patent in your hand at this moment is their failure to inform you.  Absolutely DO NOT PAY for their services correcting their mistake.  I can't imagine they would try to bill you . . . but then again, I can see them trying to bill you for fixing their mistake.

Good luck.  Hopefully things work out well in the end, and this is just a small blip on a much longer, successful journey.
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This comment: does not represent the opinion or position of the PTO or any law firm; is not legal advice; and represents only a few quick thoughts from the author, not a well-researched treatise.  Seek out the advice of a competent patent attorney for answers to specific questions you may have.

Tobmapsatonmi

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Re: Patent status - Petition Entered
« Reply #4 on: 01-12-18 at 05:40 pm »

Usually (all times, I think) when I've gotten the notice that "hey you're allowed but you need to touch up a drawing for the publications branch" there has been an individual notice, separate from the notice of allowability, describing what's needed for the drawings and setting out the deadline for getting it fixed (usually up to 2 months after I pay the issue fee, I think, but not as sure on this one).

Getting both items in a single notice of could explain why they missed it.  Explain, mind you, not excuse.  I agree with fewyears - in like circumstance, I would not expect to be billed for any law firm time/work or for any government fees required to revive the case.

That said, note that they will also need to spend some time fixing and filing the fixed drawing(s).  That's time/money they would have spent in the normal course, even if they hadn't missed the notice to correct the drawings in the first place.  There, I'd expect to be billed if the drawing needed correction because of my error (I had provided defective drawings, for example had mis-labeled elements of the drawings).  I would not expect to be billed if they produced the drawings themselves and the error requiring correction was on their part.
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fewyearsin

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Re: Patent status - Petition Entered
« Reply #5 on: 01-12-18 at 06:22 pm »

Yes, I didn't mean that the firm/attorney should do it ALL for free, but anything caused by their inaction should NOT be passed on to you.  Most patent attorneys have made a mistake or two in their career where they (the attorney) had to eat the cost of an extension of time, etc., but that doesn't mean they prepare the response (which they would have prepared anyway) for free.
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This comment: does not represent the opinion or position of the PTO or any law firm; is not legal advice; and represents only a few quick thoughts from the author, not a well-researched treatise.  Seek out the advice of a competent patent attorney for answers to specific questions you may have.

smgsmc

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Re: Patent status - Petition Entered
« Reply #6 on: 01-12-18 at 07:22 pm »

They missed informing me about the changes USPTO has requested for a drawing. They had not filed anything for 4 months and hence Abandonment was raised.

A day later they have filed a petition. I mean we had a letter of allowance and because of oversight, we are in this predicament. Will USPTO usually accept the petition, or they are very stern on such issues ... we are this close to a patent grant
Check the petition.  If the reason for abandonment is "unintentional" and the petition is accompanied by payment of a hefty fee, you're probably OK.  As others have stated, your attorney should not bill you for time processing the petition or for payment of the petition fee. 

A major client once transferred to our firm nearly two dozen abandoned cases from another firm (a small operation whose head hauncho was having personal problems and let a lot of items slip).  We successfully revived all of them.
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