What should I do if my patent application was rejected? 6 Answers as of April 20, 2015

What are my options if my patent application was rejected by the US Patent and Trademark Office? Would it help to have an attorney review my patent? I think that I might stand to make a considerable amount of money.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Sebby Law Office
Sebby Law Office | Jayne Sebby
A patent attorney or patent agent will be able to explain to you why your application was rejected and if there's anything you can do to get the USPTO to reconsider it's decision.
Answer Applies to: Nebraska
Replied: 4/20/2015
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You seem to have asked this question several times. You have the right to respond to an objection and you often can be successful if you do so. If it is a final rejection, you have the right to appeal. Examiners issue rejections in almost all patent application reviews, because in so doing, examiners invite the applicant to satisfy the examiner that any potential reasons why the patent may not be valid have been overcome. For example, the examiner may assert in the Office Action that a patent application reflects an obvious invention, or that its claims are ambiguous, or that the patent covers too many different inventions and needs to be divided up in to separate patents. You have the right to contest these initial assertions. In order to do so, it is essential that you retain legal counsel to prepare a response to the office actions Of course, you will have to pay a lawyer to do this-patent lawyers will almost never take such a matter on a contingency fee basis. It takes several years to get a patent, and patent lawyers cannot wait to get paid for the many years it takes to get a patent a commercialize a product.
Answer Applies to: New York
Replied: 4/17/2015
Gerald R. Black, Esq.
Gerald R. Black, Esq. | Gerald R. Black
We assume that the reason that you filed a Patent Application was to obtain a Patent granting you rights to all of the technology that you are entitled to. You do not want less since you want to enforce your Patent against any and all infringers. You are more likely to obtain all the patent coverage that you are entitled to if you engage Counsel. If you are charged with a felony, wouldn't you want the effective assistance of Counsel? If you had a toothache, wouldn't you go to a dentist? It stands to reason if you are right in that your program has a big payday once the Patent issues, it only makes good sense to seek out the effective assistance of Counsel.
Answer Applies to: Michigan
Replied: 4/17/2015
Microtechnology Law & Analysis | Daniel Flamm
Based on your needing to ask, the answer is that you should retain an attorney if you can afford to do so. It is easy to respond to a rejection, if you know how. The harder part is to decide the manner in which to respond and your chances for success. An attorney may also be able to form an opinion about the prospects for your making money, and can help you develop a strategy for doing so.
Answer Applies to: California
Replied: 4/17/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
The majority of Utility application are rejected on the first examination. You should respond back to the patent examiner and provide an argument or amendment to the claims. A patent attorney or patent agent will help because they are knowledgeable on dealing with patent applications and examiners.
Answer Applies to: California
Replied: 4/17/2015
    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 - generally by amending your claims and making arguments as to why your invention is neither taught nor suggested by the cited prior art. 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: 4/17/2015
Click to View More Answers: