28.Rejection v. Objection

28.Rejection v. Objection

2017-05-02    01'46''

主播: lizhild

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介绍:
28. Rejection v. Objection Office actions may contain (either or both of) two types of disapproval or criticism of various parts of your application. It’s useful to know the difference so that you can use these terms correctly in writing your amendment and in case you have to appeal. A rejection is made by an examiner to a substantive claim deficiency, such as a lack of patentability of a claim over a prior-art reference or indefiniteness in the claim. An objection is made to a nonclaim defect, such as an unclear drawing or a misspelling in the specification, or to a nonsubstantive claim matter, such as a dependent claim which is allowable in substance, but which can’t be allowed because it’s dependent upon a rejected independent claim. You have to fix or successfully argue over both types of disapproval (rejection or objection) to get the application allowed; the only practical difference is that a rejection that can’t be overcome must be appealed, while an objection that can’t be overcome must be petitioned (unless it’s associated with a rejection).