The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Feb 27th, 2021, 12:12am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Filing and Prosecution
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Mail Final Rejection (PTOL - 326)
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Mail Final Rejection (PTOL - 326)  (Read 6172 times)
JodiB
Newbie
*




   


Posts: 15
Mail Final Rejection (PTOL - 326)
« on: Sep 25th, 2006, 12:33pm »
Quote Quote Modify Modify

I'm looking at a patent application that lasted about 4.5 years and now recently I see a
 
    "Mail Final Rejection (PTOL - 326)"  
 
is this pretty much the last nail in the coffin?
 
 
Also, about a year ago the same company (but different inventors) filed for a CIP but the subject matter (to my untrained eyes) looks quite different.   Is this a vain attempt at salvaging at least the filing date from the earlier application?  In other words, what does the applicant have to lose - even if later during a first-to-invent battle this is rejected they still get to keep their patent right?
 
 
thanks
IP Logged
wallflower
Junior Member
**




   


Posts: 96
Re: Mail Final Rejection (PTOL - 326)
« Reply #1 on: Sep 25th, 2006, 12:47pm »
Quote Quote Modify Modify

A final rejection is certainly not a nail in the coffin.  The declaration of finality simply means that the options for responding are limited, as compared to responding to a non-final rejection.
 
CIPs are intended to introduce new matter no present in the parent, and in some cases, have little or no overlap with the parent.
« Last Edit: Sep 25th, 2006, 12:48pm by wallflower » IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Mail Final Rejection (PTOL - 326)
« Reply #2 on: Sep 25th, 2006, 6:42pm »
Quote Quote Modify Modify

Just to simplify "final rejection" just a bit, "final" means they're done talking to you unless you pay more money.  With rare exceptions, you have to respond with an appeal or an RCE, both of which cost more money (unlike a non-final rejection).
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board