Patent Rejections



Getting a first round patent approval is similar to a car dealer agreeing to a buyer’s first offer.  “[Mark Kassel, an attorney with Foley & Lardner, of Madison, who specializes in biotech patents] said getting [a patent] approved in the first round is similar to car dealer agreeing to a buyer's first offer. It makes the buyer suspicious that they should have offered a lower price.  After the usual initial rejection, the inventor comes back with a modified application or arguments on why the patent should be approved.” (Marv Balousek, 608-252-6135, “Patent Process Pretty Pricey - Getting A Patent Can Cost $15,000 or More, Take 2 To 3 Years,” Wisconsin State Journal, Madison, Wisconsin, September 11, 2008, p. C1)

90% of initial patent applications are rejected for one reason or another.  “The next step is to file a patent application. After a delay of more than a year, an examiner will conduct a similar thorough search, as the attorney already has done.  ‘Over 90 percent of the time, the [patent] application is rejected for one reason or another,’ [Charles Sara, a patent attorney with DeWitt Ross & Stevens, of Madison, Wisconsin] said. ‘If we get first-action allowance, it gives us concern that we may have filed the claim too narrowly.’” (Marv Balousek, 608-252-6135, “Patent Process Pretty Pricey - Getting A Patent Can Cost $15,000 or More, Take 2 To 3 Years,” Wisconsin State Journal, Madison, Wisconsin, September 11, 2008, p. C1)