Chemical and pharmaceutical companies protect their investment in development and research and the future of the businesses by securing patents on their inventions. Patents assist you to resist competition. Success or failure of the company often depends on the strength of the patent as well as the longer the word of the patent, the greater will be its value. A How To Patent An Invention is one that defines your invention broadly and but at the same time builds in fallback narrow invention.
The United States Patent and Trademark Office receives hundreds of thousands of patent applications annually. Actually, the Patent Office recently proposed new patent rules to relieve the Examiner workload. Based on one proposed rule, in case a patent application is rejected, in order to present your case again, the patent applicant will likely be limited to filing one request continued examination (or RCE). Considering the newest rule, unless the patent applicant masters the complexities of patent law, the applicant might end up getting a weak patent rather than a strong one.
Imagine you have filed a patent application in which you have defined your invention broadly as well as narrowly in ten succinct sentences with what are known as patent claims. These patent claims will be numbered 1 through 10. Typically claim 1 will represent the invention from the broadest scope, and the higher numbered claims represent fallback narrow inventions. In our hypothetical, claims 2 to 10 will refer back to claim 1. Thus, claim 2 refers back to claim 1. Claim 4 refers to claim 3, which refers to claim 2. Claim 5 refers to claim 1 or claim 4. In this particular example, say claim 5 refers back to claim 1. Take into account that the more variety of fallback claims you might have, you do have a better chance of winning the lawsuit in the event that your competitor challenges your patent.
Now believe that the Examiner rejects the patent, because it often happens, stating that this invention is not really new or is only a minor modification of the things is well known already. You, as patent applicant, have a chance to respond to the Examiner. You present arguments stating why the invention is totally new rather than obvious and why you need to granted Make A New Invention. The Examiner rejects your argument. Now, to carry on your effort to get a patent, you intend to present new arguments. To accomplish this, you may have to file an RCE (and the fee) together with the new arguments.
The Examiner takes it again. This time, the Examiner softens a bit and says, in a non-final rejection, that invention of claims 4 to 10 will be allowable as a patent in the event you rewrite claim 4 with no reference to assert 1, but consistently reject the broader invention of claims 1, 2, and three. You now have a selection of taking what the Examiner gave you, which is, claims 4 to 10 or alternatively, argue even more. You want to argue. The Examiner finally rejected the application, repeating what he said before, that is, claim 4 onwards could be allowable should you rewrite it as a indicated before. Now, the choices you might have are extremely limited. It is possible to rewrite claim 4 as the Examiner indicated, as new claim 1, and obtain a patent with new claim 1. However, you will be unable to get yourself a patent with claims five to ten.
The Examiner would refuse to grant claim 5 to 10 because he will state that claim 5 presently has been changed in their scope even though you did not alter the wording from the claim. The Examiner will debate that original claim 5 referred back to original claim 1. Now, claim 5 refers to new claim 1, which is of the different scope. The Examiner would indicate that, since the scope in the claim has evolved, he would need to execute further search and examination on claims 5 to 10. He would claim that the patent law would not allow him to do this since iqpzlk rejection has become made final already. The only way to get the Examiner moving on this could be in the event you could file an RCE. However, you might have already used up your RCE option. You are unable to file another RCE now, and therefore, you are unable to get claims 5-10. You will definitely get a patent with only one claim. If an infringer challenges your patent, and proves that your particular only claim is invalid, How To Patent A Product With Inventhelp would be dumped.
If you have rewritten claim 4 (as new claim 1) when addressing the non-final rejection, instead of when addressing the last rejection when you did, patent law would have allowed the Examiner to undertake further explore claims 5 to 10, and the chances of getting those claims would have been favorable. If you have fallback position of claims five to ten also, you would probably possess a greater probability of winning the case.