You put your blood, your sweat, and most likely some tears into filing a patent application. It took time, money, and lots of diligent work. Then I get rejected, now what?
Did you know you have the option to appeal a patent rejection? Of course, always speak with a Phoenix patent attorney beforehand to make sure this is the right option.
Where to Start
After speaking with a patent attorney, it is now time to start with a notice of appeal.
This will be filed within three months of when your application was rejected and no later than 6 months. Be prepared to dedicate 2 months to the process. The process starts as soon as you file the notice of appeal, so make sure you are planning accordingly and have all of your ducks in a row.
We must warn you though, be prepared to pay a pretty penny to draft and file an appeal. The cost will come down to how complex the appeal is, but typical fees usually range from a few thousand dollars up to $10,000.
What Comes After Filing a Notice of Appeal?
After filing a notice of appeal, it is time to just sit and wait patiently.
An examiner meets with a supervisor and another examiner to discuss the notice of appeal and determine if the case should be sent through to the board. These three people are known as the examining corp and they will be the ones to decide if the appeal process will end right there or allow you to move forward to the board. You will receive the answer within two months.
Moving Forward to the Board
If your appeal gets to move forward in the process, you will have to pay another fee. A large entity costs $2,990 and a small entity is $1,870. This includes a $750 fee for reviewing the appeal.
The board should issue a reply about their decision after almost 2 years from the beginning of the appeal. So yes, this process isn’t a quick and easy one. During this time, the board will decide if rejection stands or reverses the rejection of the patient application.
After all the time and money spent on a patent application and then a notice of appeal, you always hope to receive the best possible outcome. Just remember to speak with an experienced patent attorney to help you through the process.
