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patent; there are times when no amount of effort will translate into success. The patent application process is referred to as a “pro se” proceeding, meaning there is technically only one party involved—the patent applicant. While a Patent Office examiner is being the “traffic cop” if you will—giving the red light or the green light for an inventor to get his patent—the examiner’s role is not adversarial. In the process of getting a patent, it is not as if one is “suing” an examiner. Rather, U.S. patent examiners are merely representing the public interest by determining whether the patent application satisfies the requirements of the U.S. Constitution and the federal statutes. And yet, patent examiners and patent attorneys will sometimes disagree on whether the statutes are being applied correctly. Try as they might, attorneys will sometimes dispute examiner positions, to no avail. Fortunately, the Patent Office provides mechanisms where attorneys can try different tactics to advance their positions. An attorney typically has two opportunities to respond to Patent Office rejections, and upon paying a fee, two more opportunities ad infinitum.
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