Patent Withdrawn In Wake
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To get a patent revoked you effectively need to show that it should never have been granted in the first place. The most common reasons are that the patented invention was not new when the patent applica- tion was filed, or was obvious (i.e. no inventive step).
The Process of Patent Withdrawal If the request meets the necessary criteria, the patent will be officially withdrawn, and the applicant will lose any rights associated with the patent. It is important to note that the withdrawal of a patent application does not necessarily mean the end of the inventor's journey.
Definition of "withdrawn patent" An approved patent application that the applicant decides not to go ahead with, preventing its issuance on the scheduled date, and hence, it will not appear in the patent database or official USPTO site How to use "withdrawn patent" in a sentence.
For unavoidable abandonment: The petition must be filed within the statutory period for reply to the Office action that was missed, or within two months of the mailing date of the notice of abandonment, whichever is earlier.
File your petition to revive no later than two months after the issue date of your Notice of Abandonment. If you didn't receive the Notice of Abandonment, file your petition within two months of learning of the abandonment and no later than six months after the abandonment date in TSDR.
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.
In India, if you make a request for the withdrawal of your application within 15 months of the date of filing or date of priority, whichever is earlier, the application will not be published. If you require a more detailed answer, please send us your question using the contact form.
Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.
