Inventing something new and racing to patent it can be exciting, but sometimes the U.S. Patent and Trademark Office does not feel the same way about your invention. A patent rejection can sting, but it’s not always the end of the road. There are ways to appeal your rejection and fight for your invention. A California automotive patent lawyer from our firm may be able to help.
When Can I Appeal a Patent Rejection?
You can appeal a patent rejection once a “final” rejection of your application has been issued. You must first file a notice of appeal with the Patent Trial and Appeal Board, or the PTAB. Then you can file an appeal brief within two months. The examiner of your patent will meet with a supervisor and another examiner to discuss your appeal. They can decide to withdraw the rejection or rule against your application.
If your patent is still rejected, then you will probably want to retain a lawyer if you do not already have one. This is because the next step is usually the filing of civil action in the Court of Appeals. You are bringing the director of the USPTO to court and giving a judge a chance to review the evidence. You cannot introduce new evidence at this time, but a judge could find that the PTAB decision was not based on facts or evidence.
How Much Does a Patent Rejection Appeal Cost?
You should be sure about appealing your patent rejection because it is not an inexpensive process. It can cost between $670 and $1,090 just to file the Notice of Appeal, and there may be additional fees to contend with. Additional steps of the process can cost you even more money. You also have to think of the cost of hiring a lawyer, which is often a worthwhile investment during this process.
Do I Need a Lawyer?
You can try to appeal the decision on your own, but it can be quite difficult. Sometimes there are simple issues that can be fixed to get your patent approved, but in other cases it could take quite a bit of work to get your application in order. It is advisable to have a lawyer on your side when you apply for a patent and when any obstacles to getting that patent approved are encountered.
As we mentioned before, this can also be an expensive process. An experienced patent lawyer can help you evaluate your options and determine whether or not this is all worth pursuing.
Schedule a Consultation
If you have questions about filing for patents or trying to appeal a patent rejection, we can help. Contact Burns Patent Law and ask to schedule a consultation. An experienced patent attorney can take a closer look at your situation and help you figure out a way forward.
