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Appealing a Patent Denial

Appealing a Patent Denial

Many inventors are excited about their designs, only to have their excitement squashed when their patent applications are denied. Keep in mind that patent applications are highly technical with many requirements, and it is all too common for inventors who file applications on their own to receive denials. Rest assured that there are options, and it might not be the end of the road for your patent protections. The best move is to consult with an Orlando patent lawyer as soon as you receive a rejection.

Filing Your Appeal

The first step is to determine why your patent was denied. Did you fail to provide sufficient documentation or a thorough explanation of your work? Is there a more complex legal reason under patent law? Our law firm will review the reasons in order to develop the best possible appeal strategy.

We will draft a written brief detailing why you believe the rejection was wrongful and file the official appeal form for review by the Board of Patent Appeals and Interferences (BPAI). Generally, the right legal help can result in a valid application having a denial overturned at this stage of the process.

If the BPAI upholds the rejection, and we believe that you have a valid application, we can file a civil action against the Director of the USPTO with the United States District Court for the District of Columbia. You always want an experienced patent litigator handling this stage of the process.

Seek Help from an Orlando Patent Attorney Right Away

There are legal steps you can take following a patent application denial, and an Orlando patent lawyer from Daniel Law Offices, P.A., can assist. Contact us online or call 866.377.2836 so we can evaluate your denial and advise you on the best course of action for appeals, if applicable.

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