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Patent Withdrawal In Dallas
State:
Multi-State
County:
Dallas
Control #:
US-000281
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Word;
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Filing the patent application in India Application for grant of patent. Form 1. Provisional/complete specification. Form 2. Statement and undertaking under section 8 (this is only required where a patent application is already filed in the country other than India) Form 3. Declaration as to inventorship. Form 5.
If your application is abandoned, it's no longer live and can't mature into a registration. This can happen for many reasons; for example, if you missed the filing deadline to respond to an office action.
(a) Revival on the basis of unintentional delay. If the delay in reply by applicant or patent owner was unintentional, a petition may be filed pursuant to this section to revive an abandoned application or a reexamination prosecution terminated under § 1.550(d) or § 1.957(b) or limited under § 1.957(c).
If a US patent application is intentionally abandoned, then anyone can implement that invention. An abandoned patent application can be revived if the abandonment was accidental or unintentional.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.