Patent applications revival - Protect your patents!

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The Domino Effect

Some people believe that a patent grant is the happy end of the story, now they can rest on their laurels.
They are in for a big surprise:
US patents may now be invalidated; invalidity challenges at PTAB achieve a 80% success rate.
Success for the challenger, not the patent owner.
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Failure at examination of a parallel patent application may provide a strong argument for abandonment: The Israel Patent Office is a well known authority; favorable results in examination at ILPO may facilitate a patent grant at USPTO, via PPH for example.

The process may be reversible: If the applicant couldn't answer ILPO examiner's objections, they will argue, the applicant thereby acknowledges the faults in his invention. The abandonment of the patent application in Israel is proof of lack of merit of the related US patent as well.
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Where an expert opinion is required, it may be argued that the patent examiner at ILPO is such an expert: he/she is an objective professional, expert in the field of the invention and in Patent Law- and certified as such by the Gov't of Israel; therefore, the Examiner's Report carries weight.

Besides, the applicant had an opportunity to answer examiner's objections, but couldn't.

In some cases of patent infringement, there is mention of the abandoned application; in other cases there is no such mention, for there is nothing to discuss anymore- the applicant didn't contest the examiner's objections, end of story.

One bad apple spoils the whole barrel.
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U.S. PTAB Petitions

Examples of petitions before PTAB to invalidate U.S. granted patents.

An IPR is started if the petition shows reasonable grounds for invalidating the patent.
Abandonment of a parallel patent application in Israel may offer such grounds.

The good news: Abandoned patent applications may often be revived, within a window of opportunity.

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How to revive an abandoned patent application

After a patent application is abandoned, there is a window of opportunity to correct the situation, in Israel or in the United States.

It's important to file for revival of the application as soon as possible, to improve your chances of success. Revival is by no means guaranteed, rather the Patent Office will consider the circumstances of abandonment and may decide either to approve your application for revival, or not.
Applicant's behavior may affect that decision.
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To revive the application, all the examiner's objections must be addressed and all the deficiencies- corrected. There is also a Gov't fee to pay.

In some cases there is nothing to do, the objections can't be answered. For example, the examiner may have found some prior art which incontestably negates the invention.

In other cases it may be a simple matter, such as filing an answer where none was previously filed- many patent applications become abandoned for lack of an answer by the applicant.
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We can check the status of your patent application

Patent applications sometimes die in silence. The applicant may receive no notification. Why? Maybe the notification got lost in the mail, etc.
Absence of mind leads to absence of patents.

Still, the clock is ticking. Being unaware of the situation is no excuse, for the applicant can check the status of their patent application, or ask a patent attorney to check it for them.
Being aware of the problem is a big step toward a solution.
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We can check the status of your patent application for you.
This may enable you to make informed and timely decisions.

New: Book on innovation and patents

Revolutionary method assists in patenting

The new method Patentics assists the patent attorney in the substantive work re patent application drafting, examination, etc.
The Nazareth District Court allowed Marc to use Patentics in Court.

Article on the new PLL in MICROWAVE JOURNAL

The prestigious MICROWAVE JOURNAL published Marc's article re the new PLL, detailing its structure and operation.

Don't miss your opportunity!
Act Now

In all patents-related tasks there is a deadline. If you miss it, there are additional costs, or it may be impossible to continue: To answer an exam report, request a PCT exam, revive an abandoned application, etc.

You are competing with all the inventors worldwide- the first to file an application, has a better chance to win.

Marc personally handles all our office's customers- and only accepts a limited number of projects at a time.

Marc personally answers questions- and only a limited number of questions each day.

You may have one good idea, an once-in-a-lifetime opportunity. Don't miss it

Dear visitor: Your questions welcome

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The information in this site does not constitute advice and does not create a patent attorney-client relationship. Browsing the site does not create a client-service provider relationship.

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Consult with expert professionals before taking any action.
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Eng. Marc Zuta
Patent Attorney Ofice

Beit Amot Mishpat, Tel Aviv, ISRAEL
P.O. Box 2060, Petah Tikva 4912001
Email: marc@patent4u.co.il