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  4. CV Sciences, Inc. (CVSI) Message Board

The Securities Class Action Filed Against CV Scien

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Post# of 91
(Total Views: 597)
Posted On: 08/26/2018 7:39:55 PM
Posted By: Fat Albert
The Securities Class Action Filed Against CV Sciences, Inc. (CVSI) By Block & Leviton LLP, is a futile and bogus attempt to discredit CV Sciences and more importantly the claim violates Patent Law! This is something the attorneys “should know” and I guarantee you the Judge “will know.”

Let me copy and paste some important facts:

“…USPTO’s response to the patent attorney may be a ­second (or final) rejection, typically what is called a final official action. The issuance of a final official action starts a ­six-month clock ­running, and unless certain things take place, then upon expiration of the ­six-month time period, the patent ­application will be deemed abandoned. Unless the invention has lost all commercial value, that’s not the outcome that each interested party desires.”

“…A procedure called a request for continued examination (RCE) is one option that may then be invoked whereby a form is filed, a fee is paid, and the ­applicant is then given two more “bites” at the proverbial apple to convince the USPTO to issue a patent. RCEs may be filed indefinitely, as long as a patent application remains pending. Unfortunately, every time an RCE is filed an additional government fee needs to be paid.”

“…There is another option available when an application has received a final official action, and that is to file an appeal to the patent trial and appeal board (PTAB). If a final official action has been issued, and the applicant believes that the rejections are wrong, an appeal brief can be filed and the PTAB can review the examiner’s ­rejections and usually either affirm (agree with) those rejections or reverse (disagree with) those rejections. Affirmation may result in ­abandonment, or the applicant can file an RCE, modify their patent claims and try again with the examiner. Reversal of the rejections almost always will result in ­allowance and subsequent patent grant.”

“… the USPTO created yet another option for dealing with a final official action, and this brand new ­procedure has attracted substantial interest. Under the post-prosecution pilot program (P3), a ­patent applicant can request reconsideration of a final official action rejection, and also can propose an amendment to the patent application’s claims. This must be done within two months of the final official action.”

Reference:
http://www.caesar.law/news-resources/options-...ejections/




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