Sometimes you have a great idea or invention that you want to patent, but you go through the application process and end up with a rejection. The story doesn’t have to end there though. You’ve put a lot of work and thought into this, so don’t let that go to waste. Instead, talk to a California multitool patent lawyer from our firm and learn more about the patent appeals process.
When Are Patent Appeals Allowed?
In order to begin the patent appeals process, your application has to be rejected not once, but twice. If the patent examiner thinks that you do not have a valid claim, they can reject your application and give you a reason why.
Now, it’s important to be careful about starting the patent appeals process. You should try to make sure that this will actually be worthwhile. One way to do that is by scheduling a meeting with the patent examiner. If they give you valid reasons for rejection, it may not be a good idea to appeal. If you believe that their reasoning is incorrect, then moving forward with your appeal could be the wise decision.
How Can Inventors Start the Patent Appeals Process?
When you decide to go forward with the patent appeals process, you can submit a notice of appeal to the Patent Trial and Appeal Board. You also need to file an appeal brief within two months of submitting your notice. This is a five-page document that outlines your reasons for appealing.
What Can Happen During This Process?
Once you have submitted your documents, it’s time to wait. The examiner can then submit their response, usually within two months of your patent appeals filing. They can do one of three things:
- Reopen your case and find a new reason to reject your claim
- Withdraw their previous objection and accept your claim
- Keep their original rejection and file an answer to your appeal
You must file your own reply brief within two months when they choose the third option.
What If My Patent Gets Rejected Again?
The patent appeals process may not end with another rejection. You can request judicial review if the PTAB rules against you. One option is going to the United States Court of Appeals for the Federal Circuit. Another requires you to file a civil action against the Director of the USPTO in the United States District Court for the District of Columbia.
In either scenario, you’ll definitely want to have an experienced patent lawyer on your side.
Contact Our Patent Lawyers
So if you have received a rejection letter and want to start the patent appeals process, we want to help. Contact Burns Patent Law to schedule a consultation with our team. We will do everything that we can to help you protect your valuable intellectual property.
