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Got a final rejection notice.. Opinions on continuing?

Postby cyman » Tue Apr 23, 2013 2:05 pm

White Belt
Posts: 3
Joined: Wed Dec 03, 2008 1:12 pm
Hi there-

I have a patent which got a final rejection notice from the USPTO.

I consulted 2 lawyers and both say that a final rejection notice is extremely common and that I should file a response.

However, I'm not so certain. Both lawyers are good people, but I want an outside opinion on the odds.

I don't want to share the patent because I want more of a pure opinion on the odds as opposed to a "well I like it or don't".

It would probably be about $2000 to submit the followup to the USPTO, including all USPTO and legal fees.

Re: Got a final rejection notice.. Opinions on continuing?

Postby inventor-x » Mon Apr 29, 2013 7:14 pm

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Brown Belt
Posts: 930
Joined: Sat Nov 04, 2006 5:44 pm
Hi Cyman

That is the money question?
How much money do you want to invest in your Invention?
Potentially what kind of money can your Invention make?
How much do you what to make from your Invention?
What do you plan on doing with the Invention?
What field is your Invention in?

Inventing & getting a patent is the easy part
Everything else that comes after you get a patent is where it will cost you a lot of time & money unless you already have a potential buyer for your Invention or you know someone with a lot of money to back your Invention financially or you know someone to get your foot in the door somewhere & in America that is hard to do because most large corporations do not look at outside ideas anymore to avoid legal issues like lawsuits

Getting a rejection from the USPTO is standard with the first submission of a patent unless it is written clearly so that the examiner can understands it clearly

Food for thought - There are over 5,000 patents for mouse-traps
How many mouse-traps do you see in the marketplace today?

A big issue that most Inventors do not think about is - Liability Insurance
Another issue is if you are trying to get your Invention into a big box store, It will cost you some money to put your product on there shelves

I hope that helps you in someway making your decision?

Re: Got a final rejection notice.. Opinions on continuing?

Postby Michelle » Thu Aug 08, 2013 7:40 pm

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Black Belt
Posts: 1533
Joined: Wed Oct 11, 2006 7:27 am
I know my response is a bit late to the party but one of my favorite articles for inventors is

The Brutal Truth About The Invention Process

it's not impossible but it's not easy. The only inventors who will succeed are those that are willing to work hard, to do the research and to be relentless about success.

But the most important thing is to realize that no matter what, like most worthwhile things in life, it won't be easy until you've done it a few times. It's a lot of work to make millions so it's not the lottery.


Re: Got a final rejection notice.. Opinions on continuing?

Postby sagaciousresearch » Tue Aug 13, 2013 10:52 pm

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Posts: 1
Joined: Tue Aug 13, 2013 10:49 pm
Hi Cyman,

It is very true that getting a final rejection is a very common practice and there are a number of applications (that too a very high percentage) that get granted after receiving final rejection. I know that the name sounds dangerous but it is not as dangerous as it sounds. If you can provide counter arguments to USPTO rejections and make necessary amendments to the application, it can proceed to grant. However, final decision lies on the fact that whether the application after amendments will provide any real commercial benefit to you or not as sometimes it can get too narrow to ever capture any offenders.