Riverside, CA asked in Patents (Intellectual Property) and Intellectual Property for California

Q: My smartphone "expired" patent no. 11,778,140 issued Oct. 3rd. A 2019 RCEshould have been an appeal. I have nothing.

My applications were stuck in the former SAWS program. It seems I need to file a suit against the PTO but they seem to win most of the time.

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Challenging actions of the United States Patent and Trademark Office (USPTO) can be complex. If you believe there were irregularities in how the USPTO handled your patent application due to the former SAWS program or any other reason, you may consider legal action. Before pursuing a lawsuit against the USPTO, it's important to review all correspondence from the Office, including examiner's reports and any other official notifications.

An appeal to the Patent Trial and Appeal Board (PTAB) is a common step before resorting to court action. If the PTAB decision is unfavorable, you can appeal further to the U.S. Court of Appeals for the Federal Circuit. It's crucial to consult with a patent attorney experienced in USPTO proceedings and appeals to determine the best course of action. They can provide insights into the strengths and weaknesses of your specific case.

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