• Smith/Barbara

Patent Office Litigation Overview

Applying for and obtaining a patent on your invention can typically take as long as two years or more. It is not terribly unusual for a patent application to be rejected, and if it has been rejected twice, you may appeal the patent examiner's decision to the Patent Trial and Appeal Board, or PTAB. This board is a tribunal within the United States Patent and Trademark Office, or USPTO, whose job it is to review these rejections. This review can be a stressful and complex process and having an experienced Florida patent attorney on your side can make all the difference in whether you win or lose the appeal. Hiring an attorney can prepare you for making this kind of appeal and can also reduce the time it takes and increase the likelihood that it will succeed.

Patent Application Appeals

When you file your appeal, the PTAB reviews the rejection of your patent and considers the evidence put forth by both the applicant and the patent examiner (the briefs), and then there is an oral hearing. A decision is then made whether to affirm or reverse the examiner's rejection. During these proceedings, which are called ex parte appeals, a panel of at least three administrative law judges with technical backgrounds will review the appeal and work to reach a decision. A skilled patent attorney can help greatly by preparing the documents to be filed with the appeal so that they are technically well-researched and accurate and communicate clearly why your invention is worthy of a patent. An attorney who has worked with such high-tech cases can give you the advantage during the ex parte hearing.

AIA Trials

The America Invents Act of 2011created legal proceedings by which a third party who does not own a patent can challenge the claims that are in a patent before the PTAB. In these proceedings, a board again ultimately decides whether or not the challenge to the patent is valid. Legal proceedings like this require the owner of a patent to have expert representation with the latest knowledge of the scientific field that covers the patent, and since the ownership of such a patent often makes a huge difference in the amount of profit that can be earned, it is usually well worth hiring the best legal representation you can find.

Call to Schedule a Free Consultation With a Florida Patent Attorney Today

If you have questions about patent litigation, call to schedule a free consultation with a Florida patent attorney today. The skilled legal professionals at the law firm of Smith/Barbara will use their experience and resources to help you get and keep the patent for your unique invention that you've worked so hard for. Visit our website or give us a call at (954) 710 - 0116 and let our staff answer any questions you may have. We serve the states of Florida and Tennessee and we are eager to serve you.

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