If my patent was rejected by the Patent and Trademark Office, is there anything I can do? 9 Answers as of April 15, 2015

If my patent was rejected by the Patent and Trademark Office, is there anything I can do?

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Mark Torche | Mark Torche
In fact most applications receive at least one rejection. You have many options in deciding what to do after you receive an office action from the patent office. You need to consult with a patent professional to discuss the details and how best to proceed. Good luck and don't be discouraged.
Answer Applies to: Iowa
Replied: 4/15/2015
Mainspring Law | John D. Dellinger
If your patent application has been rejected by the patent office, you should have the chance to argue why your invention should be patentable. This can include responding in writing to the rejection, discussing the rejection with the examiner, or submitting some type of evidence that supports the patentability of your invention. If you've done all that, you can appeal the rejection. And there might've other things you can do. You should have a patent attorney review the case and let him help you going forward.
Answer Applies to: North Carolina
Replied: 4/14/2015
Banner & Witcoff, Ltd. | Ernie Linek
Patent office rejections are common - but they have a strict response deadline. Typically the Office Action must be responded to in three-months from the mailing date on the action. You can obtain up to 3 additional months (extension time) - but this must be paid for. If you have missed the response deadline - you might be able to revive your application - but this must be paid for. Talk to a patent attorney regarding the office action. If your invention is sufficiently different from the cited prior art - you should be able to obtain a patent. Good Luck!
Answer Applies to: Massachusetts
Replied: 4/14/2015
DANIEL NESBITT | Hasse & Nesbitt
I seems to me that you should be working with a patent professional (patent attorney or patent agent) who can advise you based on the details of your specific rejection.
Answer Applies to: Ohio
Replied: 4/14/2015
Microtechnology Law & Analysis | Daniel Flamm
If the application has not been abandoned, you can amend the claims and/or rebut the reasons for rejection. Based on your needing to ask this questions, I'd recommend you engage a good patent lawyer to help with this.
Answer Applies to: California
Replied: 4/13/2015
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    Almost all patent applications get rejected. You can file an Office Action Response by the deadline to have the rejection reconsidered. You should get help from a patent attorney, though, as the Examination rules are very complicated and depend a lot on saying just the right things in just the right ways.
    Answer Applies to: Utah
    Replied: 4/13/2015
    Michael M. Ahmadshahi
    Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
    If the rejection in non-final, you can file a response to overcome the rejection. If the rejection is final, you can either abandon the application, file a response, or a request for continued examination.
    Answer Applies to: California
    Replied: 4/13/2015
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    Yes, you can (and should) prepare and file a reply to the examiner how your application is not anticipated by the references cited by the examiner. The response must address every objection and rejection cited by the examiner. You might want to consult or hire a patent agent or patent attorney to prepare and file a complete response.
    Answer Applies to: California
    Replied: 4/13/2015
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Yes. You can respond to the Office Action containing the rejection by providing arguments concerning why the rejection was incorrect. However, if you try to handle this without a lawyer, there is almost no chance that you will be successful. You need to retain patent prosecution counsel ASAP. Handling a patent application without a lawyer is never a good idea.
    Answer Applies to: New York
    Replied: 4/13/2015
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