Top Reasons Why Patents Get Rejected

Filing a patent, whether it is with the Canadian Intellectual Property Office, or anywhere else, can be a fairly complicated process. Understanding how to fill out the paperwork and provide proper documents is only one part of the entire process, and errors can result in patent rejection or invalidity. Understanding some common causes of patent rejection can help you to get your patent in tip top shape and decrease your chances of a rejection.

The most common cause of patent rejection is that an invention is obvious. Obviousness, as it relates to patents, can be quite complicated to understand and arguing against it can be a challenge. One issue that often gets a patent rejected is if the object or invention is apparent. A finding of obviousness is an indication that a patent examiner believes that your invention is not innovative. A patent examiner will provide prior art references that describe the various features of an invention as claimed to reject it. Providing a clear and complete disclosure of your invention and including all of the little details can be beneficial in attempting to overcome a rejection based on obviousness.

Another issue that can arise relates to a patent lacking novelty. If a patent examiner can find a single reference that describes all aspects of your invention as claimed, your application will be rejected. An invention must be unique in order to obtain patent protection.

Another issue is improperly written claims. Patent claims are generally considered to be the most important part of a patent because it is the claims that define the protection that you will receive. Proper protocols need to be completed when drafting claims for a patent application to be accepted. Writing patent claims can be incredibly challenging, and time-consuming. The words that are used can have a huge impact on the protection available and problems with the language of the claims can result in rejection.

A patent application may be rejected if correct drawings are not provided. The drawings need to provide accurate depictions of the invention and be readily reproducible.

An incorrect or inadequate description can make it difficult to overcome rejections related to obviousness, novelty and improperly written claims. In fact, an inadequate description by itself may be sufficient to warrant rejection of a patent application.

A patent lawyer or agent in Edmonton can assist with the preparation and filing and examination of a patent application. While this is never a guarantee that a patent application will be successful, correct preparation and filing of documents can prevent costly errors that could result in patent rejection.