Before you get too excited with the idea of patent application, you have to understand the reality that your application will most likely get rejected. This is true even for patent applications that are seemingly unique and original.
This does not mean that you should give up and throw your plan aside if your patent application has been rejected. You need to immediately file a formal response for the examiner to reconsider your application. At this point, the examiner will look for more reasons to have your application rejected. If there are no other reasons and you have justified why it should not have been rejected in the first place, it will be approved.
The value of your invention affects the appeal process. If it is high value, it will take longer to process the appeal. However, if your invention is extremely valuable, your appeal will be considered.
The only downside is that once you have been rejected, and then make an appeal, you are required to pay maintenance fees after a few years. Nevertheless, the fact that you have obtained a patent approval is a big deal.
Don’t lose hope immediately
It can feel like a big slap in the face if you have waited for 2 or 3 years just to see your application denied. But you should understand that it is common. Seeing assessment results in less than a year is rare. Getting approval right away is even rarer.
Since an appeal is possible anyway, you should be hopeful. Just provide what is required of you. Gather all the requested documents, and look for a logical reason to have your appeal considered. The rest will then be processed quickly; and who knows, before you know it, you might have your patent.
Find the best lawyer
The entire process will be faster if you have a patent lawyer helping you out. You need someone who understands patenting. Even if you have been rejected, you will still have a chance. Once you have a lawyer who knows what to do, action can be taken and your appeal can proceed.
During the application stage, you can also use patent application software. Sometimes, applications are denied only for technical reasons. You need to submit all the necessary documents, and fill out all the important fields properly. The software will help you in this regard.
The patent application process is definitely not for the faint of heart, but upon approval, you will reap tons of benefits. You just have to be patient and you will see the rewards for all your effort. Even if you have to wait for years, it will pay off eventually.
