What does "Patent Abandoned -- Failur...

What does "Patent Abandoned -- Failure to Respond to an Office Action " mean?



#1 Aug 25, 2011
I recently conducted a personal patent search and found a similar application to my invention.
However, I found it doesnít have a patent number and itís status is filed as "Abandoned -- Failure to Respond to an Office Action." since 2006.
Can I assume that patent wasnít granted (lack of Patent Number/date and status abandoned and last status filled 5 years ago?) and that I am free to submit a similar patent without worrying that it may be revoked due to an existent approved patent?

thank you.
Carl Bredenkamp

Taipei, Taiwan

#2 Aug 25, 2011
Yes, the patent wasn't granted. Therefore the same rules and requirements are applicable as when you apply for a new patent.

Delhi, India

#4 Oct 3, 2011
No, you cannot submit the similar invention again. As rejected once means similar invention exist in market or with PTO. File another application with new claims and inventions which is obvious, novel and has usage value.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Patent / Trademark Law Discussions

Title Updated Last By Comments
News Patent-Law Change Would Raise Medical Costs Tue fatbacksx 1
Patent Attorney Services (Oct '13) Aug 17 Regina Peterson 3
Cease and Desist Letter Jul '15 Anonymous 1
News Lawyer Who Started Fight Over 'R-Word' Mascot A... Jun '15 Elise 1
Implicit acceptance of trademark infringement May '15 AndyS1967 1
News Decision on Asian-American band's name is wrong Apr '15 Ainu 1
Do it yourself, if fail, then patent lawyer? (Oct '12) Mar '15 calebhart54 4
More from around the web