Case Summary: Successful Revival of Rejected IP Application Post-Ownership Litigation
One of our corporate clients initiated litigation regarding co-owned intellectual property rights. During the proceedings, the client requested behavioral preservation measures for the ongoing IP application process. The defendant intentionally failed to respond to examination opinions during the application phase, resulting in the rejection of the application. Although the court ultimately ruled that the IP rights belonged to our client, the IP application remained in a rejected status when the litigation concluded.
Our firm promptly:
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Completed the applicant change procedure;
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Filed a request for re-examination of the rejection; and
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Presented comprehensive legal and factual arguments in accordance with applicable laws and regulations.
This resulted in the acceptance of the re-examination request.
Critical Issue Highlight:
The IP application had already entered rejected status prior to litigation conclusion. Despite prevailing in the ownership dispute, failure to timely initiate re-examination proceedings would have caused the client to ultimately lose the IP rights – winning the case but losing the intellectual property.