The Future Of Patent Application Revivals

Law360, New York (July 19, 2007, 12:00 AM EDT) -- Not too infrequently patent applications go abandoned unintentionally. For example, a patent applicant may have incorrectly docketed an Office Action and therefore missed a due date resulting in abandonment of the application.

Most patent prosecutors are familiar with reviving patent applications under such circumstances. Under Rule 137, an abandoned patent application may be revived if the delay in filing the reply was unavoidable or unintentional.

A recent decision by the District Court for the Northern Division of California calls into question the U.S. Patent and Trademark...
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