Argue for Patent Approval
As attorneys, we know the importance of forming a strong argument and presenting it on behalf of our patent clients. Believe it or not, most patent applications are initially rejected. The biggest reason for this is often cited as “non-obvious” based on prior art references.
If this happens to you, it’s important that you don’t consider this the end of the road. Your attorney will be able to argue on your behalf to the patent examiner. The argument must prove that prior art references do not imply the same function or design of your invention and that it is novel on the basis that other people haven’t already claimed the invention. Ultimately, the test to determine obviousness begs the question, “Could an ordinary person arrive at this conclusion?” If that’s the case, then the invention may be ineligible for patent protection.