Understanding the Patent Rejection Rate 

Originally posted on July 15, 2023 @ 9:00 am

In the realm of innovation and intellectual property, getting a patent is frequently viewed as the crucial step in guarding one’s inventions! Yet, the path to obtaining a patent can be fraught with challenges. 

Applicants often face the daunting hurdle of patent rejection. Which is why, understanding the patent rejection rate is essential for inventors and innovators hoping to navigate this complex landscape successfully.

So, in this article we will delve into the basics of applying for a patent, the main reasons your patent could get rejected, and some statistics to help you better understand the global patent rejection rate. But first things first, What is a patent? 

What is a Patent? 

A patent is a legal document that grants an inventor exclusive rights to their invention for a limited period, typically 20 years. It serves as a means to protect an invention from being used, made, or sold by others without the inventor’s permission.

In addition to their exclusive rights, patents also serve as valuable assets that can be licensed, sold, or used as collateral for financing. They enable inventors to commercialize their inventions and create economic value from their innovative ideas.

So, how can you protect your intellectual property from being used by your competitors? Let’s get into more detail on what the application process for a patent entails. 

The 6 Steps to Patent Application

The patent application process typically involves various steps and requirements that an inventor must fulfill. Here is a quick rundown of what this process could entail: 

1. The inventor must file an application including:
   • A comprehensive written description of their invention, which should enable a person skilled in the relevant field to understand and reproduce the invention.
   • A series of claims that define its legal scope
   • Any relevant drawings or diagrams
   • And innovative aspects of the invention.
2. The application is then subjected to a rigorous examination process to assess its novelty, usefulness, and nonobviousness. 
3. If the criteria is met, the examiner compares the invention to existing patents and other publicly available information to determine if it meets the criteria for patentability.
4. If the examiner finds any issues or deficiencies in the application, they will issue an office action, which outlines the objections and rejections raised. 
5. The inventor then has the opportunity to respond to these objections and make amendments or arguments to overcome them. In some cases, the patent application may face rejections or objections that cannot be easily overcome. In such situations, inventors may choose to appeal the decision.
6. Once the examiner is satisfied with the application the patent is granted and the inventor receives a patent document that provides legal protection for their invention. 

The patent application process can be long and intricate, requiring a careful and detailed approach. And you must keep in mind that each jurisdiction may have its own specific requirements and timelines. 

It is important for inventors to understand that obtaining a patent is not a guarantee of commercial success, but it provides a legal framework for protecting and exploiting their invention.

The Top 3 Reasons for Patent Rejection

Understanding the reasons behind patent rejection is crucial for applicants seeking to avoid potential pitfalls and increase their chances of success. Here are the top three reasons of why patents normally get rejected: 

1) Lack of Novelty

To be patentable, an invention must be considered new or novel. If prior art exists, meaning that the invention was already known or used by others before the filing date of the patent application, it may be deemed lacking in novelty and subsequently rejected.

Furthermore, even if the invention is a combination of existing elements, it must still demonstrate a new and unexpected result to be considered novel. Simply combining known elements without any inventive steps may lead to rejection.

2) Non-obviousness

In addition to novelty, an invention must also possess the element of non-obviousness. This means that the invention’s solution or improvement must not have been obvious to a person skilled in the relevant field at the time of filing. 

If the invention is deemed obvious, patent examiners may reject the application on these grounds. The key is to demonstrate that the solution or improvement is not something that an ordinary person skilled in the field would have easily come up with.

3) Inadequate Disclosure

Another significant factor leading to patent rejection is inadequate disclosure. When drafting a patent application, inventors must ensure that they disclose all relevant details about their invention. This includes explaining how the invention works, its various components, and any specific processes involved.

Failing to provide a comprehensive and detailed disclosure may lead to rejection, as it hinders the examiner’s ability to fully understand and evaluate the invention. It is essential to strike a balance between providing enough information and avoiding unnecessary disclosure of trade secrets or confidential information. 

By understanding and addressing these common reasons for patent rejection, inventors can enhance their chances of successfully obtaining a patent for their innovative creations. It is crucial to conduct thorough research, consult with patent professionals, and carefully craft patent applications to overcome these potential pitfalls.

The Patent Rejection Rate

Now that we have examined the reasons behind patent rejection, let us explore the broader concept of the patent rejection rate. The patent rejection rate refers to the percentage of patent applications that get denied during the examination process. Several factors contribute to the patent rejection rate, including: 

1. The subjective nature of the patent examination process, as different patent examiners may have varying interpretations and opinions.
2. The evolving landscape of technology and lack of regulation in new tech. 
3. Changes in patent law can impact the rejection rate because amendments to patent statutes and court decisions can alter the legal standards for patentability.

Global Patent Rejection Rate

Factors such as legal frameworks, examination standards, and cultural differences can influence the rate of patent rejections. So, while it is challenging to provide a definitive global rejection rate, various studies and data indicate that rejection rates often range from 30% to 50%, depending on the jurisdiction.

Patent Rejection Rates in the U.S.

Within the United States, the patent rejection rate has seen fluctuations over the years. According to the U.S. Patent and Trademark Office (USPTO), the overall patent allowance rate has averaged around 55–60% in recent years. This means that approximately 40–45% of patent applications undergo some form of rejection or require amendments during the examination process.

It is worth noting that the USPTO has made efforts to improve the quality and consistency of patent examination. Initiatives such as the Patent Quality Metrics program aim to enhance the accuracy and efficiency of the examination process, ultimately reducing the patent rejection rate.

But how can you beat the odds of rejection, which are well in the 50%? Let’s get into some tips on how you can improve your patent approval chances. 

Top 6 Tips to Improve Your Patent Approval Chances

While the patent rejection rate may seem discouraging, there are strategies inventors can employ to improve their chances of obtaining a successful patent approval. Consider the following tips when navigating the patent application process:

1. Conduct thorough prior-art searches to ensure the novelty of your invention which can make the necessary modifications to ensure your invention stands out. 
2. Engage the services of experienced patent attorneys or agents as they can help you avoid common pitfalls and increase your chances of success.
3. Stay up-to-date with the latest patent rulings, legal precedents, and examination standards in your field so you can ensure that your application aligns with current requirements and guidelines. 
4. Avoid vague or overly broad claims that may be deemed lacking in specificity which can be seen as lacking in specificity and may result in rejection. 
5. Respond promptly to USPTO or patent office communications and examiner inquiries which can demonstrate your commitment and cooperation.
6. Review and proofread your patent application thoroughly to eliminate any grammatical or typographical errors as any errors can come off as a lack of commitment. 

Now, let’s take a look at some real life case studies so you can learn from their mistakes, and see just how useful these tips can be. 

Case Studies of Patent Rejections

One of the most famous patent rejection cases is that of Alexander Graham Bell’s telephone. Bell’s initial patent application was rejected due to similarities to an earlier invention by Elisha Gray. 

However, Bell’s determination and unwavering belief in his invention led him to make subsequent amendments and engage in legal battles. Ultimately, Bell triumphed and obtained the patent, paving the way for the telephone to become one of history’s most transformative inventions.

Another intriguing case of patent rejection is that of Thomas Edison’s electric light bulb. Despite setbacks, Edison’s relentless experimentation and innovative thinking eventually led to the successful development of a practical incandescent light bulb. His persistence paid off, and his invention revolutionized the way we illuminate our world.

These case studies highlight the significance of understanding the intricacies of the patent system and learning from previous rejections. By studying the experiences of inventors who faced rejection, aspiring innovators can significantly enhance their chances of success.

The Future of Patent Applications

As technology continues to advance rapidly, the landscape of patent applications is bound to evolve. Emerging fields such as artificial intelligence, biotechnology, and renewable energy pose unique challenges for patent examiners and may shape the future of patent rejection rates.

Advancements in fields like AI and biotechnology often introduce novel and complex inventions with potential societal and ethical implications. Patent examiners will need to adapt and develop new strategies to evaluate the patentability of these inventions without stifling innovation.

Predicted Trends in Patent Rejection Rates

While predicting future rejection rates with absolute certainty is challenging, it is reasonable to anticipate potential shifts in patent approval processes. This may include increased collaboration between inventors and patent examiners as well as the development of more specialized examination guidelines.

Last Thoughts on Patents

By comprehending the basics of the patent application process, reasons for rejection, and strategies for success, innovators can navigate the complex patent landscape with greater confidence and ensure their ideas are adequately protected and contribute to the advancement of human knowledge and progress.