Abandoned patent applications may be referred to in subsequent patent examinations and may be considered prior art in the examination process.  Thus it might have some relevance to a law firm or company.  Abandoned applications are ones that that do not result in the grant of a patent.  Abandonment occurs or when the applicant fails to pay fee or submit documentation requested by the examiner within the allowed time; when claims made for invention are not patentable or were previously patented; or when another applicant has filed an application for the same invention and can demonstrate an earlier date for the conception of the invention.   To NARA and the Patent Office such abandoned applications referred to above (in subsequent issued patents) are deemed permanent records and go to NARA 40 years after abandonment.   If there is any litigation involving an existing patent, the abandoned patent application may have some relevancy.   Retention of such records is a
 company/law firm business decision.  
   
  John Milligan
  Senior Records Management Consultant
  ECS-Federal, Inc.
  
 
  
"Nelson, Kelly" <[log in to unmask]> wrote:
  Yes patents are good for 20 years but there are still maintenance fees
that need to be paid throughout that time to maintain the patent. I
believe this is what she is referring to that if they decided not to
renew during that 20 year period how long to keep that record from that
point.

I agree with both Nolene and Larry just to put any documentation on your
decision in with your patent and keep it the normal retention as your
expired ones.


Kelly A. Nelson
Corporate Records Administrator
McGard LLC
[log in to unmask]
716-662-8980 phone
716-662-8985 fax

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Steven Whitaker
Sent: Wednesday, December 13, 2006 7:27 PM
To: [log in to unmask]
Subject: Re: [RM] Patent Renew/Expire Decisions

I thought USA patents had a 20-year life; per the US Patent & Trademark
Office. After that anybody could use the process/technology for
whatever purpose, including design and marketing for profit in their own
products. If so, what is the discussion about renewals?

The language does include "Under certain circumstances, patent term
extensions or adjustments may be available."

Best regards, Steve
Steven D. Whitaker, CRM
Records Systems Manager; City of Reno

>>> [log in to unmask] 12/13/2006 1:32 PM >>>

I believe she's referring to the documentation on the decision-making
process on whether or not to renew ... not any documentation regarding
the patent itself.


List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance

CONFIDENTIALITY NOTICE: This communication and any attachment may contain confidential and copyrighted materials, proprietary information and trade secrets of the sender which are only for the use of the intended recipient. All copyrights and intellectual property rights in this transmission and its contents are hereby expressly asserted and reserved by the sender. If you have received this transmission in error, or by unauthorized means, any disclosure, copying, distribution or the taking of an action in reliance upon this communication is strictly prohibited and may result in severe criminal and civil penalties under applicable federal and state laws. If you received this communication in error, please contact the sender immediately and delete the original message. Thank you.

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance


 
---------------------------------
Everyone is raving about the all-new Yahoo! Mail beta.

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance