Q: Can you review a patent following rejection by examiner?
This is an utility invention for the bicycle
A:
While a few patent applications are allowed the first time that the Examiner reviews the claims, it is very common for a patent attorney to review the rejections from the Examiner and do one of three things.
1) Explain to the examiner in the next written response, why the arguments made by the examiner are not accurate.
2) Adjust the claim set to add more daylight with the prior art or just more specificity so that the Examiner cannot use "Broadest Reasonable Interpretation" to stretch the claims to apply to things never intended to be within the scope of the claims.
3) A combination of 1 and 2.
The part of the process is where a patent attorney gets to use a broad array of skills to move things forward. It may take more than one cycle of rejection and argument to get the situation resolved.
I hope that this answer was helpful.
Kevin E Flynn
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
