A patent application that is submitted to the U.S. Patent and Trademark Office (USPTO) can either be processed through by an examiner or rejected. There are a few reasons why a patent examiner might deny you a patent. There are also a few actions you can take as an inventor to appeal this decision. More than likely you worked hard on your invention, devoting endless time to it, and you want it protected. This is one of the main reasons why individuals hire patent attorneys in Pennsylvania. They want to increase their chances of sustaining a patent and not having to go through the appeals process.
Some reasons why a patent examiner may deny you the right to obtain a patent include:
- There is no novelty.
- Your patent is too obvious.
- The examiner objects to your patent application.
After you file for a patent, you should receive notification in writing from the examiner who considered your patent and this is generally mailed to your PA patent lawyer or agent on record. This notification of “action” serves as your indicator as to whether your patent was approved or whether it was denied. And if it was denied, your letter should also detail why.
What does it mean for your invention to “lack novelty?”
A patent examiner may claim that your patent for your invention is nothing new. Someone else has created the same thing and your invention isn’t bringing anything new into the market.
Why would a patent application be deemed as “too obvious?”
Another reason why the USPTO would deny you of your right to a patent is because it is something that is too obvious, even if it is a little different than an idea that has already been put out on the market and patented. It would be easily thought of, or obvious, to someone and there isn’t a reason for your patent to be issued.
Why would a patent examiner object to my patent application?
A patent examiner may object to the technicalities of your patent and the details behind your invention. They might question something they believe wasn’t done correctly and decide your patent should not be granted.
There is a significant amount of detail associated with the patent process and not everyone receives one their first time around. If you happen to be interested in filing for one and you live in the state of Pennsylvania, USAttorneys.com would like to help you find a reputable patent and trademark lawyer nearby to you. We have connections with some of the best attorneys in the field who can assist you in getting everything you need together so that your chances of receiving a patent are higher than most.
How can I request reconsideration if my patent is denied?
You must first:
- Submit your request in writing and specify the errors that were listed in the examiners Office action.
- Your reply must address every ground of objection and rejection in the prior Office action.
- Your “reply must appear throughout to be a bona fide attempt to advance the case to final action or allowance.”
Whether you need a patent, want to trademark a phrase, or wish to learn about the many benefits that come along with hiring a patent lawyer in Pennsylvania, give us a call here at USAttorneys today.