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Patent Appeals – Misuse Of The Right
Patent appeals in the USA are often used to keep a patent in pending status after the patent has been rejected by the USPTO. Patent appeals may be needed once the USPTO rejects the application on the grounds of claims, challenges or incorrect procedures followed. Even after a final rejection patent appeals can still be lodged against the final rejection.
The question is why inventors will file several patent appeals if their invention clearly doesn’t meet the requirements and their claims cannot be revised without changing the original patent application completely?
The answer is simple and complication at the same time. Patent appeals win an inventor time. It certainly does waste the time of the relevant patent office, but while the patent is in pending status, the inventor has exclusive rights.
Competitor companies will not produce a similar invention for a couple of years, depending on how long the patent appeals drag on. With the provisional patent application certainly cheaper than the permanent patent application, and with no attorney required for the provisional application, the company saves money while being able to exploit the invention for the duration.
The company can engage in patent appeals for a long time. An example is that of a well-known nutritional patent application which has been rejected several times.
Their application process at the USPTO has been ongoing for a period of six years. It is certainly enough time to establish a market share, make a lot of money and then abandon the whole process.
Is It Ethical To Use Patent Appeals In The Above Way?
No, it is certainly not since it keeps others from making the same or a similar product for the period while the inventor clearly doesn’t care whether the patent is granted or not.
There are legitimate grounds for patent appeals and with those we can assist. Simply contact us today to assist with legitimate patent appeals in South Africa and abroad.
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