The best will and the best people do not equal perfection: clients, like anyone else, make mistakes — and IP rights are threatened or lost. So-called "default recovery" practice is also a success story for us — with a success rate of over 90% in cases for grateful clients.
Our experience here is wide and extends into perhaps twenty legal jurisdictions.
Our expertise in this area is multijurisdictional and in recent years we have recovered patents/patent applications around the world, and in particular throughout Europe and in the EPO, the USPTO, the Patent Offices of Australia, New Zealand, Canada and South Africa and in the UK IPO. Default recovery extends beyond restoration following a total loss of rights, and Avidity IP was one of the first practices to successfully obtain a late declaration of priority (for an application erroneously filed more than 12 months after the priority filing) following recent legal changes in the UK.
The apex of our expertise lies in the recovery of lapsed patent applications in the EPO where the required standard of all due care is more strictly applied than in most other jurisdictions. Minute attention to detail, knowledge of the law and an understanding of the individuals judging the circumstances all contribute to our success, but the key ingredient is a blend of experience and tenacity — we know what is required for default recovery and we know how to get what we need.
Our attorney was present during the mediation negotiations to advise on the IP issues and, indeed to negotiate a definition of the technology that was to be included or excluded in the final settlement.