Rejections Prior to Issuance | Patently-O

by Dennis Crouch

I not too long ago posted a chart exhibiting that there is a substantial variance in technological know-how emphasis of patents tied to US-Inventors as when compared with Non-US-inventors.  The next chart appears at the file histories of U.S. patents and asks what share acquired a rejection prior to issuance (blue) and what percentage obtained a Segment 101 rejection prior to issuance (issued patents 2015-2020).   Overall, 83% of the patents received some sort of rejection prior to issuance. The vast majority of these rejections are centered on prior art – and are mostly Portion 103 obviousness rejections.  13% of these patents ended up rejected on eligibility grounds prior to issuance.

Purposes from US Inventors had been drastically extra probably to be rejected on eligibility than non-US Inventors (15% vs 10%).  Nonetheless, that change can be totally discussed by distinctions in the varieties of patents staying received. For case in point, US purposes are significantly more probably to patent in the business-process group (as very well as 8 of the leading-9 art device groups most most likely to receive 101 rejections).   But, inside the artwork units  groups, there is typically no big difference involving US and Non-US inventions in terms of eligibility rejections.  As a result, for my sample of business process patents, 75% of the patents in every single group (US and Non-US inventors) been given an eligibility rejection.  The data do reveal some outliers. In 1660-plants, non-us-inventor patents gained 15% far more eligibility rejections than us-inventor patents while in 2760-printers & graphics, non-us-inventor patents gained 10% less.

US Inventors