subject: How To Make An Appeal If There Is A Patent Rejection - The 5 Steps [print this page] So, was your patent application rejected? Do not worry if it was. You can still get the patent you want. You will find some relief when you learn that a majority of all applications are rejected in the first time. Most people then approach the USPTO for a review, and that's when it is granted. The office allows you to fix the reason why the application was rejected, and then apply again. So you should do this too. You should make sure that everything is working very well, before you send over that application.
The board will do a review once you have applied again. Once the board has taken a look, it can either accept or reject your application. If rejected, it will be the final rejection. You will be able to send in your appeal only after the second and final rejection.
How You Should Make the Appeal
*It is important to consult your patent attorney or lawyer. Patent laws are complicated, and so, it is necessary that you should seek help from a professional. This person is a specialist here, and can help you a lot. Your patent lawyer will help you understand the reasons why your application was rejected. The person will also tell you about what you should do to get it approved the next time.
*Before making your appeal, you should have a good understanding on the issue that is creating the problem. Perhaps the patent board misunderstood or misread your application. You should bring it to the board's notice in such a case. The patent laws were amended in 2005 to allow the applicants to do this. Your patent attorney can help you make amendments, additions or corrections to the application before the placement of your appeal.
*You have to pay a fee for the appeal. You will also need to file your brief when you are making that appeal. Your attorney can help you here. The Board of Interferences and Appeals will hear your application. There are three people in this board.
*Try something different if you believe that you must make different claims, or can present new evidence. Do not submit your appeal in such a case. Place a continued examination or RCE request. The board will then reconsider based on the new facts that you have placed.
*If you believe that you have been wronged, you can place your appeal to the higher authority. You can approach Federal Courts of the Court of Appeals.
