Lessons from a Patent Application Rejection
Lessons from a Patent Application Rejection

Many patent applications are routinely rejected. And indeed many are filed not with the intent of getting a patent to begin with but to act as ‘defensive’ publications.

Yet , every rejection too carries valuable lessons. Many times reiterated, but still often lost sight of. Hence, a rejection of an application of a globally renowned entity has valuable learning too.

The US patent application in question can be found at :

https://patents.google.com/patent/US7299034B2/en

And the status says application has been granted a patent in Nov. 2007.

The corresponding Indian application is : 9486/DELNP/2007, filed in December 2007.

On 27th Feb. 2020, this application has been rejected by the Indian Patent Office. The salient rejection grounds , as taken from the decision of the Controller are :

1.The present application does not meet the requirements of Section 2(1)(ja) of the Indian Patent Act because the subject matter of claims lacks an inventive step. The implementation of the alleged invention is easily comprehensible for a person having ordinary skills in the art.

2. The alleged invention seeks to combine the already known features such as clock, calendar, GPS, temperature sensor, humidity sensor, etc. This is an aggregation of already known devices each functioning independently of one another.

3. The applicant does not talk about the enablement of the alleged invention i.e. exactly how the calendar, time, satellite navigation systems, etc will be compiled into a single apparatus.

4. The invention and its operation or use and the method by which it is to be performed is not fully and particularly described in the complete specification as per section 10(4) of the Patents Act, 1970 (as amended).

Above are pretty common reasons why a patent application may not convert into a patent. Yet many inventors ignore these. The patent attorney / firm is of course bound by the disclosure and details as provided by the inventor/ patent filing entity.

This may, of course, not be a final rejection and appeal may lie in appropriate fora ( such as IPAB) as per merits and details of the case.

Hopefully an inventor will find lessons in this and be better prepared next time he/she proceeds to filing a patent application.

For those interested in details, the actual denial from the Indian Patent Office can be found here. :

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