Patent Examinations at the Patent Office
Americans that know they have made an original invention can ask a patent examiner at the United States Patent and Trademark Office to examine their application. Their careful examination decides the fitness of an invention for a patent. Patent, or no patent. A decision is guaranteed.
The inventor starts the review by submitting an application at the patent office. The patent examiner does the rest of the work.
A Test of An Invention's Character
The examiner's task is to judge the invention is original and useful. Inventors end up empty handed when the examiner refuses to patent. They examine both the application and the invention the American claims is a new one. A patent is granted to the inventor that improved the character of an American field of science or art.
A First Achievement
At the end of their work, the patent examiner decides if it appears the inventor is entitled to a patent. The judgment is a plain one. Claims not proven fail. There are opportunities to get a patent for those inventors that make an original invention and prove their contribution to American ingenuity is a real find. There is no reason to reinvent the wheel. When an invention has already been made, the patent examiner rejects the claim. The examiner's objection to a claim in the application and their finding that the invention claim is missing a required thing both stop the claim. The first try is done.
Any claim the inventor does not complete and give the examiner an opportunity to make a judgment on within 6 months is considered abandoned. The Director at the patent office can set a shorter time as short as 30 days.
A First The Second Time
When an inventor does not get a patent in the first examination, they can ask an examiner to reexamine the application. After they make an improvement to their claim and application, they can make a request for a reexamination. But, the first try does not have to end up a loss. They can simply submit the same claim again.
The Procedure for Pleading for A Second Decision
There is another opportunity to get a patent that Americans can take. There is an appeals board at the office. Inventors can appeal their primary examiner's decision at the appeals board. A patent owner that participates in the reexamination and has their own patent that the decision can have an effect on can appeal the examiner's decision. Americans with a claim on an invention that can be a greater product if the applicant gets a patent get their own opportunity to have a say. They can appeal.
Holding Up Original Work
A count of two inventors making claims that can not both be true makes the judgment on original work unresolved. The patent office can not give their approval to two Americans with similar inventions. The examiner has to decide one of the two is the first to invent. The other American is interfering with the inventor's claim. The Director can declare the interference. The appeals and interference board makes the final judgment. When they find interference, the American's claimed invention is not patentable. Their application is refused by the office.
When both claimants are willing to work together on resolving the interference, they can request arbitration on their contest. In arbitration, they come to an agreement and the arbitrator hands down an award. After the claimants give notice to the Director on the award, the award disposition is final.
Separating the Inventor from the Experimenter At Work
There is a difference between an invention that counts in the productions that give America an opportunity to make progress and a step an experimenter makes in a good direction. The patent examiner uses their professional ability to find the inventions that count.
United States Patent and Trademark Office, Consolidated Patent Laws (Revision, September 2007).