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Getting a patent application denied—especially in another country—can be frustrating. But a rejection isn’t the end of the road. Many foreign patent offices offer formal appeal processes that allow you to challenge the decision. With the right approach, you can often keep your application alive and protect your invention abroad. At Gearhart Law, we help inventors and businesses understand what to expect when appealing internationally and how to move forward with confidence.
Understand the Local Patent Office’s Appeal Structure
Patent appeals don’t look the same everywhere. Each country has its own process, deadlines, and terminology. Before taking action, it’s important to understand how the appeal works in the country where your application was filed.
Here are a few examples:
- European Patent Office (EPO): Appeals are heard by the Boards of Appeal. These are independent judicial bodies that review decisions made by the Examining Divisions.
- Japan Patent Office (JPO): Appeals are reviewed by the Appeal Examination Department, often involving a panel of examiners who reassess the case.
- China National Intellectual Property Administration (CNIPA): Decisions are challenged through the Reexamination and Invalidation Department, which focuses heavily on procedural compliance.
In many cases, the appeal involves submitting a written statement explaining why the rejection should be overturned. It’s also common to pay a filing fee and sometimes request an oral hearing.
When possible, we work closely with local counsel in the filing country to make sure all requirements are met.
Timing and Grounds for Appeal
Most countries impose short deadlines for filing an appeal. You may have just a few months—sometimes as little as 60 days—to act after receiving a final decision.
Common grounds for appeal include:
- The examiner misunderstood or misapplied prior art
- The invention was judged incorrectly on novelty or inventive step
- The application was rejected for formal reasons that can be corrected
Understanding the specific reasons for the rejection is key. You’ll want to address each point directly, using the logic and terminology expected by the reviewing body.
How to Prepare a Strong Appeal
To improve your chances of success, you’ll need to present a thoughtful and well-supported argument. Here are a few tips:
- Review the rejection closely. Make sure you understand every objection raised by the examiner.
- Address each issue clearly. Don’t assume the board will connect the dots—spell out your responses.
- Amend claims carefully. If changes are allowed, clarify the invention without introducing new matter.
- Include supporting evidence. If needed, refer to prior art or technical details that strengthen your position.
You may also need to translate your appeal documents into the local language and follow specific formatting rules. We often help coordinate with translators and foreign agents to ensure everything meets the local standards.
Country-Specific Tips to Keep in Mind
Each country’s process has its own unique wrinkles. Here are a few quick pointers:
- EPO: Appeals often take time but allow for detailed arguments and occasionally oral proceedings.
- China: The process is highly structured. It’s important to follow the correct filing order and include the right documentation.
- Canada: Some cases can be resolved informally before a full appeal is needed, which may save time and cost.
Working with local agents and being aware of the cultural and procedural context can make a big difference.
Why It Helps to Work With a U.S. Patent Attorney for International Appeals
Even though each country handles appeals differently, we’ve seen patterns and strategies that work across jurisdictions. At Gearhart Law, we help coordinate international patent appeals from a U.S. perspective, working closely with trusted agents abroad.
We’ll help you evaluate your options, gather supporting materials, and respond clearly to the patent office’s objections. We can guide the appeal process from start to finish and ensure your interests are represented.
Take a Strategic Approach to Your Appeal
A rejection in another country doesn’t mean your international patent strategy has failed. It just means you need to take the next step. At Gearhart Law, we help inventors and businesses respond to foreign rejections with practical solutions. If your overseas patent application has been denied, reach out to us. We’ll help you assess the situation and decide the best way to protect your idea.