Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

2 Lawyer Answers
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Patents Lawyer
  • Los Gatos, CA

A: I'm going to assume that you are the inventor and that we are talking about US patent applications.

It is common for patents to be rejected on the First Examination Report (FER). The USPTO assumes that if you still want to get the invention, you will respond to the report (office action) with an adequate rebuttal that will usually either rebut the examiner's rejection points and/or correct the claims or other issues to try to overcome these rejections. Often the process has several cycles -- think of it as a tennis match.

The fact that the application has published does not have any significant impact on this process.

Eventually, if the examiner allows the patent and you pay the issue fee, then you (or your assignee) will own the invention. If you never get an allowance, and you abandon the patent application, then the original and non-obvious aspects of your application become public domain. Of course if your patent was rejected because it reads too closely on another patent, the status of that other patent will not be affected.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If a patent application has not yet passed the FER (First Examination Report) stage, then it is still pending and has not been granted as a patent. During this stage, the patent examiner reviews the application to determine if it meets the requirements for patentability.

Until the patent is granted, the applicant (or assignee) still holds the rights to the invention. However, it's important to note that during the pendency of the patent application, the invention may be considered "patent pending," which can provide some level of protection against competitors trying to copy or steal the invention.

If the patent application is abandoned or rejected after examination, then the rights to the invention are not granted and the invention may be considered in the public domain.

If you need further assistance with your patent application, it is recommended that you consult with a patent attorney or agent. They can provide guidance on the patent process and help ensure that your application meets the necessary requirements for patentability.

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