Top 5 reasons for receiving a patent rejection

| Feb 11, 2021 | Patent Law |

When a Morris area resident files for a patent the application is reviewed by Patent Examiner. The Patent Examiner’s job is to review the application and determine whether the application is eligible to be awarded patent status based on a number of criteria. Many times, the application is rejected. The following are the top five reasons why a patent application may be rejected.

  1. Not a novel invention. The most common reason why a patent application is rejected is that the invention is not novel, which means the invention needs to be substantially different than anything the public has seen before by the public. Public knowledge includes:
    1. Written about in a publication
    2. Anything that has been previously patented
    3. Something that has been or is currently being sold in the public market
  2. Obvious invention. Even if an invention is new, a patent may be rejected if the subject matter seeking patent approval is based off a prior art where it would be obvious to create the new matter by a person having ordinary skill in the art where the subject matter pertains.
  3. Abstract idea. This can mean the patent is being sought for something that is not able to be manufactured and have no particular use. But it can also include an invention of an electronic device which has a processor, memory and module which use an algorithm or data processing to run.
  4. Application not written correctly. A patent application may be denied if there are errors in the application.
  5. Confusion over subject matter. A Patent Examiner may unclear as to what the subject matter is in the patent application.

Those who are seeking a patent may want to speak with a legal professional who is skilled in intellectual property. An attorney can advise their client on the application process and can also help them an appeal.

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