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How do I take over an existing patent application from the patent lawyer and continue it myself?

How do I take over an existing patent application from the patent lawyer and continue it myself? Topic: How to write a legal opinion pdf files
June 25, 2019 / By Arin
Question: I hired a patent lawyer to help me with a patent pending which is now filed. The PCT has also been filed. The USPTO examiner turned up 2 prior inventions similar to my own. The PTO due date for the response to this Office Action is June 1st 2011. In addition, since the patent has been filed I have created another part to the invention which I feel makes it unique. The original lawyer thinks it would be a good candidate for Continuation in Part. I sought out a second legal opinion and have been advised that this application and CIP will probably not be accepted by the Patent Office. I do not want to spend more on legal fees even though the original lawyer would like to go forward on the Office Action response and the CIP. After thinking about this I have a strong feeling that I would like to present my own case to the USPTO Examiner. I can draw my own pictures and feel that I can express myself pretty well in writing. However I am not sure about how to proceed taking over in the middle of the project. There seems to be a lot of information about how to start a patent application from the beginning but not about how to switch personnel in the middle of an application. Can anyone help me out by telling me where to start in order to establish myself as the new contact for the USPTO examiner? Any other ideas and advice are most welcome as well. Thank you. To Jo W and In Science We Trust: The reasons I have not done what you suggest is that I do not feel that this lawyer cares much about my invention. Furthermore I don't want to spend any more money on legal fees.
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Best Answers: How do I take over an existing patent application from the patent lawyer and continue it myself?

Zebina Zebina | 9 days ago
You can use the form(link given) to revoke earlier Power of Attorney given to your old lawyer and give it to some other patent agent or do it yourself. http://www.uspto.gov/web/forms/sb0081_fill.pdf Regards pankaj thape Indian Patent Agent www.epatents.in
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Zebina Originally Answered: I've got a theory and I want to register it, like a patent or something can I know where can I do that?
Unfortunately, there is no way to patent an idea or theory. Many people will have great ideas, but will not be able to put that idea into a package appropriate for a patent because there is no invention, only a concept, or in your case a theory. To be sure, the idea, concept or theory is the all critical first step in the invention process. After you come up with the idea, concept or theory you now need to put together a game plan on how to carry that through to come kind of completed invention, which can be a process, device, machine or composition. The idea and game plan together form what the law calls conception. Conception is an important concept in patent law because in the United States it is the first person to invent that will ultimately receive the exclusive rights on an invention. That being said, it is critical that once you conceive (idea + game plan) you will need to be diligent and not let any grass grow under your feet as you move forward toward defining and experimenting with your invention. While you are refining your theory and developing some kind of tangible invention or describing a patentable process, you can and should keep an invention notebook. This will help you prove that you are the inventor, what you invented and most importantly when you have invented what you have. The best way to do this is to keep a notebook tracking progress and periodically have someone who is familiar with the subject matter (and who has signed a confidentiality agreement) review the notebook and sign and date the notebook. This will provide an independent third party who can verify that you had something on a particular day. If you do not have such a person, or don't trust anyone, you can find a notary public to verify the notebook. Notaries are available at all banks, but having someone who is not knowledgable about the invention sign is not legally ideal, but is better than no verification. You can also put copies of your notebook into an envelope and mail it to yourself. It is important to understand, however, that this does not translate into any exclusive rights. It would just help you prove date of invention. Insofar as copyright is concerned, copyright protects expression and patent law protects inventions. In other words, copyrighting your theory, as was suggested by others, will not protect the functionality of the theory or any use thereof. With a copyright you will merely protect the prose used to describe the theory, not the theory itself. Once you have an invention the first thing to do is a patent search, and if nothing related is found then you can move on to filing either a provisional or non-provisional patent application.
Zebina Originally Answered: I've got a theory and I want to register it, like a patent or something can I know where can I do that?
I'd strongly suggest contacting a patent attorney for advice. You'll want to be sure to have someone that's knowledgable about your invention as well as the patent process itself. Associations may be a good avenue to explore as well. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links. Hope that helps! I wish you much success & happiness in all your ventures! Source(s): Associations: http://www.invention-ifia.ch/ -- International Federation of Inventors' Associations http://www.uiausa.org/ -- United Inventors Association http://inventors.about.com/od/localorgs/... -- Directory of Local USA

Sidney Sidney
You should work with your current attorney to setup a meeting with the examiner. He should attend the meeting with you. I won't be cheap as his time and travel expenses will be in addition to your own. I have done a couple of these meetings and they proved to be a significant turning point in the prosecution of the patent. The comment by your second opinion attorney is puzzling. Unless he spent some time really understanding the prior art and the examiner's office action, I don't see how he would know the patent office would reject both. You say the new material for the potential CIP is novel So, there should be a viable path by a competent attorney. This is not a situation to take over the prosecution unless you a quite knowledgeable. Since you are asking the question, it seems you need the guidance of an attorney.
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Oli Oli
Probably the best idea it to talk to the original lawyer and ask their advice. The DIY approach is fine sometimes, but possibly not here where specialist knowledge of the protocol is essential to success.
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Oli Originally Answered: A word that means "existing only in one's head"?
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