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Old 09-07-2008, 04:46 PM
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Patent Rejected, But


What is the name of your state (only U.S. law)? Virgini

I had a patent that was rejected because of something I and the attorney left out. The one piece of prior art was totally out of the field of the product I was trying to bring forth.

Should I try to re-submit it myself to include a part originally left out because I cannot afford the cost to start again with an attorney. I have found that there always seems to be an argument that pops back and the legal ease is beyond me. Thank you for your advice. Always Thinking
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Old 09-07-2008, 10:39 PM
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Quote:
Should I try to re-submit it myself to include a part originally left out because I cannot afford the cost to start again with an attorney.
If the "left out" part would make the invention novel, then yes, you could file a new application including the left-out material. But you don't "re-submit," you have to file a new application. And unless the current application is still "live" -- that is, the original application has not yet gone abandoned -- you will not get the benefit of the earlier priority date by filing the new application as a continuation-in-part.
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