QUESTION

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

Asked on Apr 13th, 2015 on Patents - Utah
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If my patent was rejected by the Patent and Trademark Office, is there anything I can do?
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4 ANSWERS

Intellectual Property Attorney serving Marshalltown, IA at Patwrite L.L.C.
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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.
Answered on Apr 15th, 2015 at 10:19 AM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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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!
Answered on Apr 14th, 2015 at 7:28 AM

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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.
Answered on Apr 13th, 2015 at 6:03 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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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.
Answered on Apr 13th, 2015 at 4:54 PM

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