Docketing abandonments, whether intentional or unintentional, can be a complicated process requiring multiple updates to an application’s record in the docketing system. Black Hills IP follows a standard process for docketing these communications to ensure consistency and accuracy when processing these items.
For intentional abandonments that have been authorized using explicit abandonment language, all future deadlines will be closed on the docket, and the matter’s status will be updated to ‘Abandoned’.
For unintentional abandonments, Black Hills IP will docket the Reinstatement deadlines provided by counsel as future deadlines on the docket.
Examples of explicit abandonment language are as follows:
“Please close this matter.”
“Please abandon”
“Allow matter to lapse”
“Remove this matter from the docket”
BlackHills IP utilizes three distinct “paths” for abandonment. They are as follows: instructions from our customers, acknowledgement of abandonment instructions, and PTO notices of abandonments.
When abandonment instructions are received from the customer, the process followed is the above system for intentional abandonments.
When Black Hills IP receives the acknowledgement of abandonment instructions, we will reach out to the customer to verify the abandonment authorization. From there, the status will be changed, and deadlines closed, or, we will seek the explicit instructions from our customer regarding abandonment.
Lastly, when a PTO notice of Abandonment is received there are two processes that may take place, depending on whether abandonment is authorized or not. When abandonment is authorized, the previous process of closing deadlines and changing the status is followed. If abandonment is not authorized BHIP will docket the reinstatement deadline provided. When no deadline is provided, we will contact the customer for the deadline of reinstatement. If again, no deadline is provided, BHIP will docket a one-week deadline for reinstatement
