What Can I Do if My Patent Application is Denied?
After years of planning and creating your designs, you may be excited to apply for your patent. However, this excitement can quickly fade when your patent application is denied. Though it may feel like a significant blow, it’s important to understand that an estimated 90% of applications are rejected. As such, it’s important to understand your legal options during these matters. The following blog explores what you can expect during these complicated matters and why it’s imperative to connect with an experienced Bergen County, NJ patent attorney who can assist you during these matters.
Why Might a Patent Application Be Denied?
Unfortunately, there are several reasons the Examiner responsible for approving patents may have rejected yours. One of the most common reasons it may be denied is because it lacks novelty. For a patent to be approved, you’ll find that it must be new or not already known. Unfortunately, if the office can find evidence that this existed before the date you filed the application, it can be denied.
Additionally, you’ll find that some patients can be denied because the subject matter you are trying to patent is excluded by law. For example, laws of nature and mathematical formulas are often rejected because the law states this subject matter cannot be patented.
One of the most frustrating reasons your application is denied often has nothing to do with your choices. As such, “Acts of God” can influence whether or not you receive the patent. If the law changes as you submit your application, it can determine whether or not your application is approved. This is referred to as an “Act of God” because it is entirely out of your control.
Finally, you’ll find that in some instances, you’ll find that a simple error when completing the patent application can result in your invention being denied.
Is There Any Way to Appeal the Decision?
If your application is rejected, it’s important to understand that you do not need to scrap your invention and start a new project. In these instances, you’ll find it’s possible to appeal the decision. You must appeal the decision before the Board of Patent Appeals and Interferences (BPAI). This entity will review your appeal to determine whether or not to overturn the initial decision.
When you want to appeal the decision, it’s critical to understand the importance of connecting with an experienced attorney as soon as possible. Trying to navigate the appeals process on your own can be incredibly complicated, so it’s critical to ensure you have someone with the necessary experience on your side.
At the Law Offices of Richard E. Novak, our team understands how hard you’ve worked on your invention. That’s why we will review your circumstances to determine the best possible course of action for your needs if your patent application has been denied. When you need legal advice, connect with our competent team today to learn how we can assist you in these matters.