Legal Question in Intellectual Property in Texas

Inventor's right of priority and the negligence of another

What happens to the inventors U.S. Patent application if it has gone abandon due to the negligence of the attorney or agent porsecueting the appliction?

Can the inventor maintain his original filing date if he has prove that there is wrong doing?

What happens if the USPTO has granted other U.S. Patents with similar claims? Is this an infrigment?


Asked on 7/04/00, 11:06 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Inventor's right of priority and the negligence of another

This is a question to which there is no simple answer. You need the assistance of a competent patent attorney. In short, it all depends on the facts and circumstances. I don't know where you live so I cannot recommend a competent counsel. This is the only way to resolve this situation.

Good Luck!!!!

Patrick Tracy

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Answered on 9/07/00, 4:38 pm


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