Can I refile for patent protection after the application was abandoned? 4 Answers as of April 19, 2011

My Patent Application was abandoned after I did not answer the final Office Action. What recourse might I have? I have the Trade Mark issued on the Idea. Can I refile something for protection?

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DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
You can revive a patent application that went abandoned unintentionally, by filing a petition to revive the application promptly after discovering its abandonment, along with the required fees, and the response to the last final rejection action.
Answer Applies to: Ohio
Replied: 4/19/2011
Malhotra Law Firm, PLLC
Malhotra Law Firm, PLLC | Deepak Malhotra
You could possibly file a petition to revive depending on a variety of factors such as the reasons for the abandonment and when the application or other prior art was published. It may also be possible to file a new application; e.g., on improvements.
Answer Applies to: Washington
Replied: 4/19/2011
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You may file a petition to revive the application if your failure to respond was either unintentional or unavoidable.
Answer Applies to: California
Replied: 4/18/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
It is possible that you could revive your patent application or re-file the application depending on the facts. You should act immediately by contacting a licensed patent attorney. I do not understand your statement about having a "Trade Mark issued on the Idea". A famous judge is known for his quote: "ideas are as free as the air." Perhaps you have a name or a logo which you use in selling your product?
Answer Applies to: California
Replied: 4/18/2011
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