Strategic Response to Rejection

Introduction Many suspect that the patent application process is a bureaucratic morass.  The fate of your patent application can appear to be tied to the whims of a faceless patent examiner.  It can be.  But the astute applicant can expedite the process. Discussion The patent examiner responsible for examining and processing your application is selected by a process…

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APPEALING THE EXAMINER REJECTION

Introduction I recently published a blog regarding the frustrating but common rejection of a patent application based upon the examiner asserting that the invention is obvious.  See  Overcoming an Obviousness Rejection.  Depending upon the individual circumstances, it may be worthwhile for appealing the examiner rejection.   Recall obviousness under 35 U.S.C. section 103 can be a subjective exercise or…

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