Application Rejected? File A New Patent Application
Sometimes it happens that your patent application is rejected in the first instance. Don't get disheartened, file a new patent application. Remember, patent is granted only to those products and technologies that are different from all other. Improvements on existing products and technologies are rejected forthwith. They are never considered for patent. It is possible that in your opinion you have come up with a distinctive product but so far as patent is concerned, it is not what you think that matters but what the patent authorities think. They might think that you product is just another minor improvement on an existing technique or process.
Many a time they are right but there are also times when they are wrong. And in such times you have to make them see that you product is distinctive enough to deserve a patent. Sometimes they would refuse to get convinced. If that happens, the only option left is to take the matter to the court. However, this should be done only if you really confident of a favourable verdict, which means that you have some kind of concrete material backing your claim. The authorities would fight it very hard and would try their best to deny patent protection to you having once decided that your product does not deserve a patent. They are not final, but the courts are. So, fight your case effectively and thoroughly so that if you have even the slightest chance of getting a favourable judgment, it is thoroughly explored. It is, therefore, important that you have a real good lawyer on your side right from the beginning. So, get yourself an experienced lawyer. A good lawyer does not necessarily mean an expensive lawyer. A good lawyer is someone who has sufficient experience in patent related cases. He would be aware of the trends and would also be able to tell you how likely it is that you would get a patent for your product. A good lawyer on your side helps at the later stage also, especially if your patent application is likely to be rejected at least once. In other words, if it is likely that the authorities would not be able to see the distinctiveness right away, it is better that you have a good lawyer. He would be able to convince the authority. And if the authorities refuse, there is a fair chance that the court would listen and understand. You can take the case right to the end and consider it lost when the final verdict hammers the last nail in the coffin of your hope. When the fight is finally lost, it is only then that it is lost. A rejection of application is just part of process. Go ahead file a new patent application and fight it to the last. You just might win a lost battle and the war too. |