Why Your Patent May NOT Issue

Here's why you may not get a patent on your invention. I'm Rich Beem. I'm a patent attorney in Chicago. The number one reason why inventors do not get patents is because they do not file patent applications. You must file a patent application in order to get a patent. You may file a patent application yourself or you may have your patent application filed by a patent attorney.

Another reason why a patent fails to issue is because the examiner finds that someone else has done the same thing. One of the requirements for a patent to issue is that the invention must be novel. That is there has to be something new about it. And it also must not be obvious in view of the prior art. So that's another reason why patents don't issue. It's because there's nothing new in the patent application.

One way to avoid that situation or to minimize the risk is to have a search done. And that's something that we do. We search the records of the patent office to find out if anyone else had patented the same thing on which you would like to file a patent application. And if that is the case, you can save yourself some money by not filing a patent application, or maybe you can make an improvement on what somebody else has done, what they have written up in a patent, but maybe it doesn't work all that well. Otherwise, the product would already be out there on the market.

A third reason is because there isn't enough detail written up in the patent application to fully explain what the invention is and to distinguish it from the prior art. That's one of the things that we do as patent attorneys is we make sure we make sure we write up the patent application in great detail. We put in good claims and we put in drawings to give the patent application the best chance in the patent office.

A fourth reason why a patent does not issue was because the applicant gives up. You should know when you go into the patent application process that the patent office is not going to send you an issued patent back by return mail. What will happen instead is the patent application will wait its turn in line for examination, and then very commonly the examiner will reject the claims on the first round in what's called an office action. And I want you to know going into the process that there is a good possibility, even if you have a good invention, that you will receive an office action rejecting the claims. I don't want you to be discouraged by that.

The way that I interpret an office action that is a rejection is the examiner is saying to me, as your patent attorney, please explain this further. Tell me what is new about your application. Show me something in the application that explains the novelty of the invention. The examiner is saying talk to me about the claims. And we often interview the examiner, as well as filing a written response to the office action.

So those are four reasons why a patent might not issue. Number one, you didn't file the patent application. Number two, there's nothing new in the patent application. Number three, there isn't enough detail. And number four, you give up in the process.

Why do I explain this to you? Because I want you to understand the process and I want you to be prepared for what needs to be done to see your patent application through to issuance as a patent.

I'm Rich Beem. Call me at 312-201-0011 to talk about how to give your invention the very best chance of being issued as a patent. Thank you.