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Given all the time, effort, and resources poured into the product development and patent application process, it can be deeply frustrating to receive a patent denial, but that doesn’t mean all your hard work must come to a grinding halt; the patent appeals process allows an avenue for appealing the decision of the Patent Trial and Appeal Board.  The attorneys at Gearhart Law have significant experience representing clients at the Patent Trial and Appeal Board.

With that being said, should you need to appeal a patent decision, how you respond is of the utmost importance; therefore, it is essential that you work with a skilled patent appeals attorney to understand what went wrong with the application and craft a successful appeal.

Gearhart Law is a New Jersey law firm that focuses on patent, trademark, and copyright law. Contact our firm today to learn more about how our experienced patent appeals attorneys can help. 

Common Reasons for a Patent Denial 

A patent application can be denied by the Patent Trial and Appeal Board (PTAB) for a variety of reasons. Some of the most common reasons include the following: 

  • Lack of novelty
  • Lack of usefulness
  • Obviousness
  • Non-patentable material
  • Conflicts with existing patents
  • Failure to meet technical requirements
  • Application errors

A patent application contains strict guidelines for the information you must submit. If any of it is missing or insufficient, or if the application didn’t effectively convey information, such as the novelty or usefulness of the product, there’s a high chance of a denial.

Understanding the Patent Appeals Process 

If your patent application was denied, you have the option of filing an appeal, which involves a multi-step legal process during which you can address the reasons for the denial and reframe the application material to obtain patent approval. 

The steps in the patent appeals process are as follows: 

  • Filing a notice of appeal
  • Submitting your legal arguments in writing 
  • Awaiting the new decision

If the PTAB has already denied your patent application, it’s essential that you fully understand the reasons for the denial and provide a legally compelling response during the appeals process. It is also important to note that patent protection can still be pursued on different claims while the appeal is being pursued. The attorneys at Gearhart Law can often help develop a strategy that allows the appeal to continue while still pursing patent protection with new claims. 

How a Patent Appeals Attorney Can Help

Navigating the patent appeals process requires a deep understanding of patent law and procedures, which is best handled by a legal professional, especially if your initial application did not meet the PTAB’s standards. 

As an experienced patent appeals attorney works on your request, they will do the following: 

  • Assess the PTAB’s response
  • Understand the reasons for the denial
  • Develop legal arguments in your favor
  • Submit the legal argument to the PTAB

A successful appeal requires a thorough understanding of the factors the PTAB considers when granting or denying patents. At Gearhart Law we are familiar with the different formalities and rules needed to comply with the PTAB’s guidelines.  Your patent appeals lawyer may be able to respond to any concerns by arguing why your product does meet certain criteria, such as inventiveness. In other cases, though, your lawyer may need to advise you on how to address missing elements, such as inadequate disclosure or insufficient drawings. 

Why You Need to Hire a Patent Appeals Lawyer

Attempting to navigate the patent appeals process alone is often a mistake. If your initial patent application was denied, it’s more important than ever to consult an experienced patent lawyer and allow them to advise you —  it may be your final chance to turn your product development plans into a financially lucrative reality.

Patent appeals lawyers provide in-depth knowledge of patent law, understanding common reasons for denial and how to maximize the chances that an appeal will meet with success. A denied patent is an indicator that the initial application didn’t meet the stringent standards held by the PTAB, but without experienced legal insight, there’s no way to know that your appeal will be any more successful. 

Furthermore, a patent appeal involves navigating highly complex legal and technical issues. Understanding and addressing these during the appeals process typically requires industry-specific and legal knowledge, alongside an awareness of common pitfalls that must be avoided. 

Gearhart Law Knows Patent Law

Gearhart Law is a New Jersey patents, trademarks, and copyrights law firm. Our experienced attorneys have decades of experience submitting successful patent applications and appeals to the PTAB. We understand how to find out what went wrong with your patent application and how to determine what needs to be included in your appeal for approval.

Our experience goes to work for you, helping you navigate the process and fighting for the future of your product. Clients who work with Gearhart Law know that our decades of experience with patent law produce effective results and protect their long-term goals.

Call Our New Jersey Patent Appeals Lawyers Today

If your patent application has been denied, you still have options. Allowing an experienced patent attorney to handle your appeal is usually the most effective way to ensure your appeal has the best chance of success.

The experienced New Jersey patent appeal attorneys at Gearhart Law are ready to help. We’ve assisted countless clients with successful patent appeals, and we’re available to discuss whether we can do the same for you. Contact us to schedule a consultation with an experienced patent appeals lawyer in New Jersey today.