Miami, FL asked in Intellectual Property and Patents (Intellectual Property) for Florida

Q: Filed utility pAtent, June 20/3 (pub 20050033596) before Facebook. PTO refused to process it.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

A: I see that you filed a patent application and the PTO processed the application with an Office Action rejecting the claim as too vague to even examine. After a period of six months, the application was deemed abandoned. There is an indication in the file that the final notice was returned as undeliverable. If you never received the Non-Final Office action, you need to consult with a patent attorney and see if this can be revived. I see that there was a change of address submission earlier in the sequence. I have had Office Actions mailed to an old address after I submitted a change of address form and they ignored it. So it is possible that the PTO made a mistake.

Reviving this application would get you back to where you can respond to the Office Action but you will still need to overcome the rejection of the vague form of your claim and show that you have actually invented something that makes a computer do a better job at a specific task.

Good Luck.

Kevin E Flynn

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