Legal Question in Intellectual Property in California

I paid an attorney to patent an invention 5 years ago. When it was rejected and the atty wanted more money, I walked away. I had spent $15,000 and an engineer said it would never work.

I've now "re-invented" it, improved it, and realize I'm sitting on gold...

I want to reapply for that patent ASAP.


Asked on 7/16/12, 8:05 am

2 Answers from Attorneys

Mark Torche Patwrite Law

Before you start the process again, please realize that no patent practitioner can guarantee you that you will get the patent. Unfortunately, it happens sometimes that you apply for and are eventually unable to get a patent. When application gets rejected, it costs money to respond. You should definitely plan on having to respond to at least one office action which can cost somewhere between $500.00 to $1000.00 (could be more) and even then, you might not get the patent.

As for your new filing; I would need more information to help you decide how to proceed. The first thing you have to consider is if your new invention is patentable over your old invention. If you old application was published, (which is likely unless you specifically gave up foreign filing and requested no publication), it can be used to reject your new application.

You need to discuss your invention with a patent attorney or agent. I would be glad to help. Feel free to give me a call for a free consultation. Good luck.

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Answered on 7/16/12, 8:36 am
Omid Khalifeh Omni Legal Group

Feel free to call our office toll free at 855 IDEA BANK for a free consultation with a patent attorney.

We are a full service patent and other intellectual property law firm located in West Los Angeles, California. To learn more about the services we offer, our website is www.OmniLegalGroup.com.

Good Luck.

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Answered on 7/16/12, 9:52 am


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