Legal Question in Business Law in New York

patent law

I have applied for a patent. Which has been denied several times. I keep filing amendments. Is it normal for an patent office to ok certain parts of the patent then to deny the patent later after i file an amendment on the parts that were ok earlier. Or should all denyable issues of my patent be addressed when I file. 2nd part of the question can the patent office deny my patent referencing a patent issued in 1912. 3rd and file part do I have any actions I can take legally if I feel that I am being wronged by the patent office.

thanks

Eric


Asked on 10/08/07, 3:46 pm

3 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: patent law

Yes. the patent office can be a recalcitrant beast sometimes.

You can appeal decisions of the examiner to the Board of Patent Appeals and Interferences after the final rejection of any part of your patent application. If they uphold the examiner's rejection, you can appeal that decision (sometimes) to the DC Circuit District Court or, occasionally, to the Federal Circuit Court of Appeals.

Of course, your best bet is to hire a patent attorney (not an agent for appeal work, just in case the matter has to go to the courts where an agent cannot practice) to handle the matter for you; it may well be that the patent office is not communicating well and someone who deals with them often can save you the time, trouble and expense of an appeal.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/17/07, 3:53 pm
Michael Blake Law office of Michael A. Blake, Patent Attorney

Re: patent law

A patent attorney can help you with your patent application. Please contact one.

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Answered on 10/30/07, 1:15 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: patent law

You should speak with a patent attorney about your rights and the patent process as this is a very specialized area of law. Please feel free to contact my office if you would like a referral to an expert in the field of patent law.

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Answered on 10/08/07, 3:56 pm


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