Chemical and pharmaceutical companies protect their investment in research and development and the future of the companies by securing patents on the inventions. Patents help you resist competition. Success or failure of the company often depends on the strength of the patent and also the longer the term of the patent, the greater will be its value. A Inventhelp Company Headquarters is one that defines your invention broadly and but at the same time builds in fallback narrow invention.

The Usa Patent and Trademark Office receives tens of thousands of patent applications every year. In fact, the Patent Office has proposed new patent rules to ease the Examiner workload. In accordance with one proposed rule, in case a patent application is rejected, to be able to present your case again, the patent applicant will likely be limited to filing one request continued examination (or RCE). Considering the newest rule, unless the patent applicant masters the complexities of patent law, the applicant might end up getting a weak patent instead of a strong one.

Imagine you have filed a patent application where you have defined your invention broadly in addition to narrowly in ten succinct sentences with what are known as patent claims. These patent claims is going to be numbered 1 through 10. Typically claim 1 will represent the invention of the broadest scope, and also the higher numbered claims represent fallback narrow inventions. Within our hypothetical, claims 2 to 10 will refer returning to claim 1. Thus, claim 2 refers to claim 1. Claim 4 refers to claim 3, which refers back to claim 2. Claim 5 refers to claim 1 or claim 4. In this example, say claim 5 refers back to claim 1. Remember that the greater variety of fallback claims you may have, you have a better chance of winning the lawsuit in the event your competitor challenges your patent.

Now believe that the Examiner rejects the patent, because it often happens, stating that this invention is not really new or is only a minor modification of what is famous already. You, as patent applicant, have a chance to respond to the Examiner. You present arguments stating why the invention is new and never obvious and why you should granted What To Do With An Invention Idea. The Examiner rejects your argument. Now, to go on your effort to get a patent, you wish to present new arguments. To do so, you might need to file an RCE (and the fee) along with the new arguments.

The Examiner takes it up again. This time, the Examiner softens just a little and says, in a non-final rejection, that invention of claims 4 to 10 would be allowable as a patent in the event you rewrite claim 4 without having a reference to claim 1, but continues to reject the broader invention of claims 1, 2, and three. You now have a choice of taking exactly what the Examiner gave you, that is certainly, claims 4 to 10 or alternatively, argue some more. You decide to argue. The Examiner finally rejected the application, repeating what he explained before, that is, claim 4 onwards would be allowable in the event you rewrite it as being indicated before. Now, the options you may have are very limited. You can rewrite claim 4 as the Examiner indicated, as new claim 1, and acquire a patent with new claim 1. However, you may not be able to obtain a patent with claims five to ten.

The Examiner would refuse to grant claim 5 to 10 as he will say that claim 5 presently has been changed in their scope even if you failed to change the wording from the claim. The Examiner will reason that original claim 5 referred back to original claim 1. Now, claim 5 refers back to new claim 1, that is of the different scope. The Examiner would indicate that, because the scope from the claim is different, he will need to execute further search and examination on claims 5 to 10. He would say that the patent law would not allow him to do so since iqpzlk rejection continues to be made final already. The only method to get the Examiner moving forward this is if you could file an RCE. However, you may have already consumed your RCE option. You cannot file another RCE now, and therefore, you can not get claims 5-10. You will definately get a patent with only one claim. If the infringer challenges your patent, and proves that your only claim is invalid, How To Start An Invention Idea will be trashed.

Should you have had rewritten claim 4 (as new claim 1) when responding to the non-final rejection, rather than when answering the ultimate rejection while you did, patent law might have allowed the Examiner to undertake further explore claims 5 to 10, and the chances of getting those claims might have been favorable. If you have fallback position of claims 5 to 10 also, you will have a greater possibility of winning the truth.

Patent Attorney – Bear This In Mind..

We are using cookies on our website

Please confirm, if you accept our tracking cookies. You can also decline the tracking, so you can continue to visit our website without any data sent to third party services.