Home |   Contact |   Newsletters |   Feeds XML
   
 
 
Patent News     |
Attorney Resources
 
  Patent Information
 

 

Patent Information


Patent Resources

 



Call Patent Attorney click-to-call from the web 

Patent Information » Patent Prosecution

What is a Final Rejection?

Final rejections are sent out when the examiner decides the examination should not continue any further.  It basically serves to indicate "You're out!" in the three strike patent rejection system. 


The Final Rejection

You will have a limited amount of time to respond to the Final rejection in the event that you get one.  If you choose not to respond, your application will of course be abandoned.

You should realize that Final rejections may be sent out as a first, second or final Office action.  For example, if the examiner receives a patent claiming an invention that is already common knowledge and there is nothing new about it, then a Final rejection might be sent out right away.  Examiners will not go through the motions of an examination when it is blatantly obvious that the application will never, ever stand to gain a patent. 

What to do if you receive a Final Rejection?

After the Final rejection has been sent out, you will have three months from its mailing date to send in an appropriate reply or the application will be abandoned.  If you cannot overcome the rejections in your reply it is still possible to Appeal and gain allowance, this is an expensive and time consuming pursuit. Make sure your application really has some merit before you consider pursuing an appeal.

 

 
 

All content in this site © 2005 - 2008 PatentLawPortal.com and Terry Williamson. All Rights Reserved.

The information provided on this Website is for informational purposes only. It does not constitute legal advice nor does it necessarily reflect the opinion of PatentLawPortal.com. There is no implicit guarantee that this information is correct, complete, or up-to-date. PatentLawPortal.com is not intended to create an attorney-client relationship between you and PatentLawPortal.com. You should not act or rely on any information in this Website without seeking the advice of an attorney.