An applicant may also seek to have an interview with the examiner to attempt to persuade the examiner. A summary of the interview appears in the file.
Sometimes an applicant will run into an examiner that cannot be persuaded. Consequently, the applicant may want to consider filing an appeal. An appeal is filed after the examiner issues a final rejection. The appeal is heard by the Board of Patent Appeals and Interferences rather than by the examiner. The other option is to file a request for continued examination.
Please note that a successful appeal can provide the basis for an extension of a patent term for the time that was lost pursuing the appeal. As an alternative to an appeal, the applicant may elect to continue prosecution after final rejection by paying a fee.
Patent Interview and Appeals
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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