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Examiners blocking unavoidable/unintentional revivals

By Stephen M. Nipper

I just got off phone with an Examiner who had called to ask if I was filing a Response (due soon with a three month extension). I answered the question, and told the Examiner that I really appreciated it when Examiners do that. The Examiner’s response shocked me…basically admitting that he/she does that (and puts a note in the file regarding “spoke with attorney XXXX and he/she indicated that no response was going to be filed”) to preclude the practitioner from later petitioning to revive the case arguing unavoidable or unintentional abandonment (e.g., never received the Office Action). Sneaky! I wonder if this is a creative Examiner OR a unwritten USPTO policy… Lesson: Beware of Greeks bearing gifts (Timeo Danaos et dona ferentis)...continue to full post

Full post as published by Invent Blog on September 23, 2008 (boomark / email).