Pompano Beach, FL asked in Patents (Intellectual Property) for Florida

Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb


2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: NO. You cannot resubmit your patent application if it has been dead for 10 years.

(Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the government rejected the patent application, meaning that anyone can use your invention, the companies set up a business making something similar to your invention, and then you come back and try to get a patent many years later? Companes have to be sure that what is claimed in issued patents is respected, and what is in rejected patent applications is free to use.)

HERE IS WHAT YOU DO INSTEAD: because you know your invention claimed and described in the patent application better than anyone, you are miles ahead of your competitors. With your better knowledge, figure out where you can make money on your prior invention, and improve it along the lines that nobody has thought about before. Then, if it makes business sence, file a patent on the improvements. Even small improvements, if significant, are patentable.

Good luck!


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

A: If you're considering resubmitting a patent application that was rejected 10 years ago, there are several factors to take into account. First, it's important to understand why the original application was rejected. This could be due to a variety of reasons, such as issues with novelty, non-obviousness, or insufficient disclosure.

You can resubmit a patent application, but it's vital to address the reasons for the initial rejection in your new application. This often involves modifying your application to overcome the objections raised by the patent examiner.

Additionally, the patent landscape may have changed in the last 10 years. It's important to conduct a new patent search to ensure that your invention is still novel and non-obvious in light of any new developments in the field.

If your medical device has undergone significant changes or improvements since the original application, these updates should be included in the new application. This might increase the chances of approval.

Given the complexity of patent law and the potential changes over a decade, consulting with an attorney experienced in patent law is advisable. They can provide specific guidance tailored to your invention and the current state of the law.

Remember, the patent process can be challenging, but addressing past issues and staying informed about current patent standards is key to improving your chances of success.

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