Lynn, IN asked in Patents (Intellectual Property) for Indiana

Q: Can you review a patent following rejection by examiner?

This is an utility invention for the bicycle

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

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

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