June 23, 2024


Advocacy. Mediation. Success.

Rejections Prior to Issuance

by Dennis Crouch

I recently posted a chart showing that there is a major big difference in technologies target of patents tied to US-Inventors as compared with Non-US-inventors.  The pursuing chart appears at the file histories of U.S. patents and asks what share acquired a rejection prior to issuance (blue) and what percentage received a Area 101 rejection prior to issuance (issued patents 2015-2020).   Overall, 83% of the patents acquired some sort of rejection prior to issuance. The extensive bulk of these rejections are dependent upon prior art &#8211 and are primarily Area 103 obviousness rejections.  13% of these patents ended up rejected on eligibility grounds prior to issuance.

Purposes from US Inventors had been appreciably much more likely to be turned down on eligibility than non-US Inventors (15% vs 10%).  Even so, that big difference can be totally discussed by variances in the types of patents currently being acquired. For illustration, US programs are significantly extra possible to patent in the organization-method team (as effectively as 8 of the prime-9 artwork unit groups most possible to receive 101 rejections).   But, inside of the art units  teams, there is ordinarily no change between US and Non-US inventions in conditions of eligibility rejections.  As a result, for my sample of organization process patents, 75% of the patents in every single team (US and Non-US inventors) received an eligibility rejection.  The data do expose some outliers. In 1660-vegetation, non-us-inventor patents received 15% a lot more eligibility rejections than us-inventor patents while in 2760-printers & graphics, non-us-inventor patents received 10% much less.

US Inventors