What should I do if my patent application was rejected?

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.

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.

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.

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!