How to Understand the Reasons for Patent Rejection
To understand the reasons for the rejection of a patent by the U.S. Patent and Trademark Office (USPTO), it's important to know what an inventor must prove in a patent application. The USPTO looks for "novelty" and "non-obviousness," as well as some assurance that the invention will be useful and therefore worthy of patenting. In addition, the patent application itself must contain specific items fulfilled in a specific way.
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Instructions
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Understand the Reasons for Patent Rejection
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Go to an informational Web site such as FindLaw (see Resources below) to get an overview of the patent process in plain English and get tips on how to correctly file a patent application. It may be that your patent was rejected for some fairly simple reasons, particularly if you did not get the help of a patent attorney when you first filed the application.
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Use the USPTO Web site (see Resources below) to ensure that you have every required aspect of the patent application correct. For example, if a drawing is necessary for your application, but the symbols, shading, legend, lead lines or other details in your drawing are not done to specification, you'll find yourself with a rejected patent application.
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Read your rejection by the patent board carefully. A reconsideration can be requested relatively easily, but be ready to address the precise issues that were flagged on your application. The patent board is careful to describe these clearly.
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Put each issue brought up by the patent board on a piece of paper. Using one column marked "procedural" and one marked "fundamental," begin to map out the reasons for your rejection.
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Review the procedural issues that the patent board found. If they appear to be surmountable--and they usually are--then you may want to continue your re-application.
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Note well how many fundamental issues there are. If your idea is simply obvious or not novel, then your invention may not be patentable.
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Re-submit your application after consulting with a patent attorney, if necessary. A patent attorney will be able to help you submit an application that meets the technical requirements of the USPTO if you do have a patentable invention.
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Tips & Warnings
As a patent applicant, you will be given anywhere from 30 days to six months following a rejection to make the necessary amendments to your application and request a reconsideration. After this point, your patent application will be considered by the USPTO to be "abandoned."
Applying for a patent can be a lengthy and expensive process that takes an average of 22 months and costs several thousand dollars. Work hard with your patent attorney to ensure that your have a watertight patent application. On average, the USPTO issues a rejection for one of every three patent applications they receive.
