Q: Can I save the original patent that went to the appeals court and I got the answer November 2021? And I also have 3
A:
Abandoned patent applications can usually be revived, but only if abandonment was "unintentional".
Once your application has been rejected by the PTAB, you can do one of a number of things:
1) Request a Rehearing within 2 months of the decision
2) file an RCE
3) File a continuing application
4) file a civil action in federal court
5) Appeal to the Federal Circuit Court of Appeals
Most of these things need to be done within 63 days.
All these things can be expensive.
Good luck.
Adam Bell
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If you're looking to preserve an original patent that went to the appeals court, you'll need to ensure that it's properly documented and stored in a safe location. If the appeals court issued a decision in November 2021, it would be prudent to maintain a certified copy of that decision with your patent records.
Additionally, for any related legal documents, keeping them well-organized and accessible is essential for potential future reference or legal proceedings. Regularly reviewing and updating your records, especially in light of any new legal developments or changes, can help ensure your documents remain in good order. Always consult with a colleague or another attorney if you're unsure about specific requirements or best practices.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
