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Reapplication for same utility patent I didn't pursue 5 years ago - need help!

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cdonelson1

Junior Member
What is the name of your state? CT

I applied for a utility patent on a gadget in 1998, and was finally reviewed in 2000. I didn't have $ to pursue changes, but was pretty sure I could have gotten the patent awarded with minor changes. (I had written the application myself) I want to know if I can re-apply for this patent on the gadget, given the following:

I have never marketed the gadget, and want to do a test market now, but would like to have some protection before putting it on the website of a gadget store. I think I can reapply, as I didn't purposely abandon the application, although the PTO sent a note of abandonment. I have seen that there are some past court judgements about this abandonment issue, but it is not clear to me yet that I can apply again now, with changes to the app, and have the complete protection for a year to test market before I apply. Also, would I need to sent in another Provisional app to gain the protection? I want to be able to market it with the "Patent pending" label as soon as possible, of course, so what must I do?
 


divgradcurl

Senior Member
cdonelson1 said:
What is the name of your state? CT

I applied for a utility patent on a gadget in 1998, and was finally reviewed in 2000. I didn't have $ to pursue changes, but was pretty sure I could have gotten the patent awarded with minor changes. (I had written the application myself) I want to know if I can re-apply for this patent on the gadget, given the following:

I have never marketed the gadget, and want to do a test market now, but would like to have some protection before putting it on the website of a gadget store. I think I can reapply, as I didn't purposely abandon the application, although the PTO sent a note of abandonment. I have seen that there are some past court judgements about this abandonment issue, but it is not clear to me yet that I can apply again now, with changes to the app, and have the complete protection for a year to test market before I apply. Also, would I need to sent in another Provisional app to gain the protection? I want to be able to market it with the "Patent pending" label as soon as possible, of course, so what must I do?
If there has been no public disclosure of your invention, then you can file for a utility patent on the invention. You may not revive the old application -- it's dead, and cannot be revived -- and you will not be able to use the original application's filing date as your "priority date." But if the invention still meets the novelty requirements for patentability -- basically, that it hasn't been disclosed publicly within a year prior to the (new) application for a patent -- then there is no reason that you couldn't obtain a patent now. The original abandoned patent is irrelevant at this point -- your patent application now is essentially a new invention, and the application will be examined without reference to the earlier application.

You could file a new provisional now, and therefore use the term "patent pending" -- but you'll need to convert the provisional into a nonprovisional within a year, of course, if you want to eventually obtain a patent.
 

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