Attorney Information For Business Owners

Common Reasons Patent Applications Are Denied

11 July 2016 by Ken Marshall

Submitting a patent application is an involved and often long process. For this reason, when someone has their application denied, this can be disheartening. Fortunately, a denied application doesn't have to serve as the end of the road. Here are just three of the most common reasons why applications are denied.

Limited Variance

One of the more common issues that cause an application denial is limited variance. If your patent application is too similar to a previous application, even if not submitted by you, your application can be denied. From design to function, examiners are going to be looking closely to see what sets your application apart, or in other words, certify that it is original and not an effort to use someone else's work.

If you don't have enough variance; your application may be denied for infringement or lack of originality. The examiner will generally offer specific detail on the denial. However, this type of denial generally requires you to go back to the drawing board.

Format Nuisances

When it comes to patent applications, the content of the application is only a part of the selection process. The manner in which you format your application is also of importance. In some cases, a small nuisance with the format can serve as the reason for an application denial.

For example, each component of the design requires a paragraph of explanation, detailing its design and function. The component and the paragraph must be numbered the same. Even something as seemingly minor as incorrectly numbering the explanation paragraphs with a component is enough to have your application rejected.  

Examiner Mistakes

The examiners who review patient applications are highly trained and skilled. However, they are still human, meaning they aren't above the idea of human error. If an examiner makes mistakes during the review process, such as misinterpreting your references, this can cause your application to be denied.

In this case, careful review of the examiner's decision report is key. By carefully reviewing this information, you should be able to recognize any errors that the examiner may have made when it comes to reviewing your application. Once you find the mistake, your attorney can present an argument on your behalf to rectify the incorrect denial.

Many of these mistakes can be avoided with careful review from a patent attorney. Make sure you are working hard to avoid an unnecessary denial for your patent application.

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