Las Vegas, NV asked in Patents (Intellectual Property) and Intellectual Property for Nevada

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

2 Lawyer Answers
Adam W. Bell
Adam W. Bell
  • Patents Lawyer
  • SF, CA

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

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

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.

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