What is a Letters Patent Appeal?

The process of appealing a patent decision can be lengthy and expensive.

Understanding patent law can make the difference between a great idea and your next paycheck. Depending on your situation, knowledge of how to appeal a letters patent rejection could be just as essential as how to apply for a letters patent for an invention.

Definition

In the United States, a letters patent grants an inventor the right to make, use and sell his invention. He may file an appeal if the government twice denies the letters patent he thinks his invention deserves. Most patent requests are rejected on the first submission.

Appeals Process

The first step in the letters patent appeal process is to file a notice of appeal with U.S. Patent and Trademark Office. The inventor then prepares a document providing new evidence or a new argument for why her patent claim should be approved. The document will be reviewed by an appeals board. The best course of action may be to hire a patent lawyer, who specializes in the complicated patent process.

Fun Facts

The term "patent" is derived from the Latin word "patens," which means "open." A letters patent originally referred to any government-issued document of public record. In the United States, the definition narrowed and now refers mostly to inventions. Few people use the phrase "letters patent" today, opting for the one-word "patent."

References

• United Kingdom National Archives: Royal Grants: Letters Patent and Charters, 1199 to Present Day
• Maier and Maier: U.S. Patent Attorneys and Lawyers
• Robert J. Yarbrough, Patent Attorney: Appeal of Patent Claim Rejections
• U.S. Patent and Trademark Office: Appeal
• The Free Dictionary by Farlex: Patent Definition