Can I fight a US patent office decision? 2 Answers as of November 08, 2010

The US patent office says that my patent is too similar to another patent, but I believe they are different enough to be separate entities. Can I fight their decision?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Of course but unless you are a patent attorney it will be very difficult. That is what patent attorneys do all day. Why not adjust your claims so that your patent claims wont be obvious in light of the cited prior art.
Answer Applies to: Oregon
Replied: 11/8/2010
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You can always file a response to the USPTO's office action in which your invention has been found to be unpatentable for being similar to other patents. In your response you can either modify the claims or present arguments for patentability. You have 3 months from the date of the office action which can be extended for an additional 3 months by filing an extension and paying the appropriate surcharge. However, you must file your response within the maximum period of 6 months or your application will be deemed abandoned.
Answer Applies to: California
Replied: 11/4/2010
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