QUESTION

How long should one wait to reapply if patent is not granted?

Asked on May 26th, 2015 on Patents - Massachusetts
More details to this question:
My utility patent was not granted because there were some doubts about its functionality. If I make some changes when can I reapply?
Report Abuse

2 ANSWERS

Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
Update Your Profile
Most new products are developed in stages. This is particularly true when only one or two inventors are involved and research is often needed. Sometimes what appears to be a minor improvement will be significant in the Patent Office, particularly, if functionality is the issue. Under U.S. law, an inventor can link a new Patent Application to a previous Patent Application, if the older one is still pending in the Patent Office. Based upon your fact pattern, it would seem that you would be well-advised to move forward immediately if you can link to your previous Patent Application. You should seek the advice of Counsel here, to make sure that that you don't lose any rights here. Good luck!
Answered on May 27th, 2015 at 10:47 AM

Report Abuse
Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
Update Your Profile
You cannot reapply for the "same invention" - if the first case was published and then abandoned. The 18 month publication acts as prior art to the same invention. Any new application must be a non-obvious improvement of the first version in order to reapply. Also - any marketing of the invention can also act as prior art against any refiling. Talk to a patent attorney and have all facts ready - date of filing, date of first sale or offer for sale, date of abandonment, etc. GOOD LUCK.
Answered on May 27th, 2015 at 10:46 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters