Rejection is Nothing to Fear

Nov 3, 2020

Rejection is Nothing to Fear

Rejection can be an excellent teacher; it both highlights our mistakes and presents us with an opportunity to learn from them. In patent prosecution, a rejection from the USPTO can help patent professionals understand how patent examiners approach their patentability evaluations and can help them understand the types of arguments that are effective in overcoming office actions. Of course, the drawback to facing rejections is that devising and drafting an effective response costs clients time and money. The best approach to overcoming rejections is one that allows patent attorneys to understand the challenges they face and quickly reveals a solution that will minimize the time and expense spent in the process.

Learning From Others’ Mistakes (and Triumphs)

The PatentOptimizer® patent drafting platform is best known for its ability to streamline patent drafting while producing patent applications of exceptional quality. Even flawlessly drafted patent applications are susceptible to USPTO rejections, because the conclusions reached by patent examiners regarding novelty and non-obviousness can vary greatly. Because some rejections are unavoidable, PatentOptimizer comes with an Office Action Response (OAR) tool that helps users quickly draft effective office action responses.

When PatentOptimizer users receive an office action, they can use the OAR tool to access the USPTO patent documents specific to their case. PatentOptimizer produces an outline of the most recent office action received that helps users easily understand the rejection they are facing and the arguments being made by their patent examiner. Users can then turn to the PatentOptimizer “response” tab to obtain boilerplate arguments used by other patent applicants that helped them overcome similar rejections. Users can find suggestions for the verbiage they should use in their office action response, and they can consult with an argument outline that contains suggested amendments to be made to patent application claims, support for the proposed amendments and recommendations for reply remarks and arguments. PatentOptimizer both streamlines the ability to evaluate office actions and significantly reduces the amount of time patent professionals spend on coming up with effective responses.

Rejection Is Nothing to Fear - PatentOptimizer Screenshot

Good for Clients, Good for Business

There is no way around it; office actions come at a cost. Office actions force patent professionals to put time and energy into developing and drafting a response that will work to overcome a patent examiner’s rejection. The time spent on the response, which equates to an average of $3,000 per office action, can be paid for by a client, or there will be an opportunity cost for the patent professional’s nonbillable time that goes into the response. It follows that the best way for patent practitioners to keep costs down for their clients and their business is to reduce the amount of time spent responding to office actions (without compromising quality, of course). PatentOptimizer users complete their responses in less time using tried-and-true arguments straight from the USPTO patent database. With less time spent evaluating, researching and drafting, PatentOptimizer helps keep down costs while keeping clients happy.

Learn more about PatentOptimizer by reading Patent Drafting Tools: Three Key Advantages. Find PatentOptimizer resources here

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