Legal Question in Legal Malpractice in California

loss of patent/ missed fileing date pct

I am looking for some help on a missed filing date on a pct app. The attorneys missed a date that caused the app to be lost in several countries. They have called and let me know they are sorry and that this does not usually happen. They also said that there was prior art and that there was only a slight chance for a patent to issue. I am a little discouraged with them being they were gun ho for it and now that they made a mistake am trying to play it down. Can someone please give me some good advise on how to look at this and what steps should be taken. I have changed Firms but the current lawyer does not want to advise me, he just said it is a really big mistake.

Is it worth procuring a clam ageist them for the missed date? Does it matter whether it was patentable or not? How do you make a determination on if it was Patentable or not, and does this make any difference. What liability do they have and what amount of settlements has been made, this firm is in California.

Please contact me at 808 781 2004


Asked on 5/15/07, 3:50 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: loss of patent/ missed fileing date pct

you might be interested in the article at law_com/jsp/article_jsp?id=1101136516529 Just replace the underscores with periods

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Answered on 5/15/07, 8:40 pm


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