Q: need to finalize or resubmit a patent application
patent was considered abandoned. previous attorney not responsive to questions.
A:
You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.
https://www.uspto.gov/sites/default/files/documents/sb0064.pdf
If the abandonment was indeed unintentional, then the fee to revive may be less than a new filing fee. An additional benefit would be you retain the original filing date. Filing a new application may reduce your opportunities to obtain broad claims because of recent actions by others that would now count as prior art against a new application but not the original application.
Further, your own efforts to commercialize the idea after you filed your first patent application but a year before you file a new patent application may terminate your option to seek a US patent.
Much to think about. But you cannot sit around for a long time now that you know that the patent application was unintentionally abandoned as the period of time between learning of this and filing the petition to revive won't be unintentional.
I hope that this helps.
Kevin E Flynn
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