Restorations of Lapsed Patents

revivalo

This month’s crop of decisions includes two attempts to revive lapsed patents.

The first case, IL 128863 to Warner Lambert Company LLC was allowed and published for opposition purposes. An opposition was filed. This opposition was eventually withdrawn and so the patent issued. However, the certificate of patent wasn’t sent to the Agent of record so he didn’t docket it for renewals.

Rather, on checking up, the agent of record discovered that the patent had issued over nine months earlier, so the patent had lapsed on 7 February 2013, due to failure to pay the first renewal.

The Agent of Record (Colb) learned that the patent had lapsed on 15 September 2013, and within a couple of days of this, on 17th September 2013, the Agent of Record petitioned for the patent to be reinstated. In the circumstances, and noting both the relatively short period of time since the patent had lapsed and the promptness with which the patentee acted on learning that the case had become abandoned, the Deputy Commissioner, Ms Jacqueline Bracha agreed to allow the request for reinstatement to publish for another round of opposition.

The second case, IL 132369 was one where the patentee paid the first three renewal fees on line in one go, but did not submit proof of payment to the patent office (a previous case where similar things happened, is discussed here).  On attempting to pay the fourth renewal on 15 September 2013, the patentee discovered that the case was considered abandoned and on 15 October 2013, a request for reinstatement was heard. As per previous cases where the same mistake occurred, the Deputy Commissioner, Ms Jacqueline Bracha allowed the request for reinstatement to publish for another round of opposition.

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