Does a Patent Office Action Mean My Invention is Not Eligible for Patent Protection?

No, an Office Action from the Patent Office does not mean that you can never obtain patent protection for your invention. It is common for the Patent Office to reject inventions during the first round of examination of a patent application. Once your patent application has been initially rejected, we have the opportunity to point out the distinctions between your invention and those shown in patent filings cited by the Patent Office to explain why your invention is eligible for patent protection.

Patent Examiners at the Patent Office are trained to be conservative in their initial assessment of patent eligibility for new patent applications. It is a normal part of the process to work with Patent Examiners to identify what aspects of your invention are eligible for patent protection and to establish that eligibility on the record to help the public know why an invention was granted patent protection. Our patent attorneys are trained to identify what features are eligible for patent protection and presenting a compelling case to the Patent Office why your patent application should be approved once we focus it more on those key features.

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