Patent Attorney and Founder
Everyone I’m JD Hooven or your host of the bold Today Show where you the inventor or entrepreneur get your daily inspiration to make the world a better place hey we’re in our big series about how to get a pat on your invention what are all the steps needed to make that happen we were talking about step 11 or almost there at the end we just yesterday talked about the office action experience where you’re working back and forth with the examiner going through a non-final or a final rejection and how to work with your attorney here at bold patents to make the right decision on how aggressive to be in that response whether it be legal argument or through amending your claims today I’m talking about taking it to the next level and what that means is that sometimes we just can’t get on the same page with the examiner and when that happens we need to make the decision to petition to the director or appeal to the patent trial appeal board to get the claims granted when this happens there is a big decision needs to happen right this is almost like a mini litigation within the Patent Office we’ve come to terms best we could with the examiner but they just for whatever reason don’t see our arguments don’t understand where we’re coming from and we need to get this in the hands of someone else and so I’m filing a petition or an appeal we do that we help our inventor and advocate for the best ability to get their patent granted sometimes is the case that examiner’s have certain backgrounds and they’ve looked at so much document documentation in the specific areas of technology that they’re sort of mired in this and they not able to see the novel aspects the little discrete parts of the invention and how it’s different from what they’ve seen before there could also be personality conflicts and we’re human right and so there could be an issue between the inventor and the examiner or even the attorney ating examiner something that’s happening that’s other than the substantive issues we need to get this handled by some sort of managerial level and that’s where we go to the director following the process of appealing does take quite a bit more work there’s an appeal brief that’s filed there’s an aspect that the the board will make a determination on whether there’s enough merits to even get an appeal and that’s where this is for this brief scenario it’s like filing a mini court case it’s the inventor and their attorney suing the examiner and in some cases an examiner almost wants this in a weird way they kind of want their day in court too they want to be heard and make sure that if they think they’re following the rules they need someone with a higher authority to tell them now you’re not doing it right please do a B and C and so an appeal can actually be quite relieving to an examiner it takes the issue away from them so it’s always good to keep an open mind and be optimistic in these tort situations and having some experience doing that as we do here at bold patents will really guide you through knowing that we have a good idea is what the outcome is going to be and can help you think about what the steps are in between so if you have any questions about the patent prosecution petitions or appeals please get with one of our patent attorneys you can visit our website at bold patents com or give us a call at