Chemical and pharmaceutical companies protect their investment in research and development and the future of the companies by securing patents on their inventions. Patents enable you to resist competition. Success or failure of the company often depends on the strength of the patent and the longer the term of the patent, the greater will be its value. A I Have An Invention Idea Now What is one that defines your invention broadly and but at the same time builds in fallback narrow invention.
America Patent and Trademark Office receives thousands and thousands of patent applications each year. In reality, the Patent Office has recently proposed new patent rules to alleviate the Examiner workload. Based on one proposed rule, if a patent application is rejected, so that you can present your case again, the patent applicant will likely be restricted to filing one request for continued examination (or RCE). Considering the brand new rule, unless the patent applicant masters the complexities of patent law, the applicant might end up receiving a weak patent as opposed to a strong one.
Imagine you might have filed a patent application where you have defined your invention broadly along with narrowly in ten succinct sentences as to what are known as patent claims. These patent claims is going to be numbered 1 through 10. Typically claim 1 will represent the invention from the broadest scope, and the higher numbered claims represent fallback narrow inventions. Inside our hypothetical, claims 2 to 10 will refer to claim 1. Thus, claim 2 refers back to claim 1. Claim 4 refers to claim 3, which often refers back to claim 2. Claim 5 refers to claim 1 or claim 4. In this example, say claim 5 refers to claim 1. Keep in mind that the more number of fallback claims you may have, there is a better chance of winning the lawsuit in case your competitor challenges your patent.
Now suppose that the Examiner rejects the patent, since it often happens, stating that this invention is not new or is just a minor modification of what is famous already. You, as patent applicant, have a chance to answer the Examiner. You present arguments stating why the invention is completely new and never obvious and why you need to granted Inventhelp Innovation. The Examiner rejects your argument. Now, to continue your effort to obtain a patent, you intend to present new arguments. To accomplish this, you may have to file an RCE (and the fee) combined with the new arguments.
The Examiner takes it again. This time, the Examiner softens a bit and says, in a non-final rejection, that invention of claims 4 to 10 would be allowable as a patent in the event you rewrite claim 4 without having a reference to claim 1, but will continue to reject the broader invention of claims 1, 2, and three. You have a choice of taking exactly what the Examiner gave you, that is, claims 4 to 10 or alternatively, argue more. You decide to argue. The Examiner finally rejected the application, repeating what he said before, which is, claim 4 onwards will be allowable should you rewrite it as indicated before. Now, the choices you might have are very limited. It is possible to rewrite claim 4 as the Examiner indicated, as new claim 1, and obtain a patent with new claim 1. However, you will not be able to get yourself a patent with claims five to ten.
The Examiner would refuse to grant claim 5 to 10 as he will say that claim 5 presently has been changed in its scope even when you failed to alter the wording from the claim. The Examiner will argue that original claim 5 referred returning to original claim 1. Now, claim 5 refers to new claim 1, which is of a different scope. The Examiner would indicate that, because the scope from the claim has evolved, he would need to carry out further search and examination on claims 5 to 10. He would say that the patent law would not allow him to accomplish this since iqpzlk rejection continues to be made final already. The only method to obtain the Examiner moving forward this is should you could file an RCE. However, you have already utilized your RCE option. You are unable to file another RCE now, and for that reason, you cannot get claims 5-10. You will definitely get a patent with just one claim. If an infringer challenges your patent, and proves that the only claim is invalid, Inventhelp George Foreman Commercial could be dumped.
Should you have had rewritten claim 4 (as new claim 1) when answering the non-final rejection, rather than when answering the ultimate rejection as you did, patent law would have allowed the Examiner to undertake further browse claims 5 to 10, and the likelihood of getting those claims might have been favorable. If you have fallback position of claims 5 to 10 also, you will have a greater probability of winning the situation.