Legal Definitions - declaration after final rejection

A declaration after final rejection is a formal, sworn statement submitted by a patent applicant to the U.S. Patent and Trademark Office (USPTO) after their patent application has received a "final rejection" from a patent examiner. Its primary purpose is to introduce new factual evidence or data that was not previously available or presented, in an attempt to persuade the examiner to reconsider their decision and allow the patent. This declaration must typically explain why the new evidence is being presented at this late stage and how it specifically addresses the reasons for the final rejection.

Here are some examples to illustrate this concept:

• Example 1: Novel Biodegradable Plastic

  A company applies for a patent on a novel biodegradable plastic designed for packaging. The patent examiner issues a final rejection, arguing that the plastic would degrade too quickly to be practical for its intended use, citing general chemical principles. In response, the company submits a declaration after final rejection from their lead materials scientist. This declaration includes new, detailed laboratory test results showing that the plastic, under specific environmental conditions, maintains its structural integrity for a commercially viable period before biodegrading, directly refuting the examiner's assertion.

  This illustrates the term because the company is providing new, sworn evidence (the declaration with test results) *after* receiving a final rejection, specifically to overcome a factual basis for that rejection (the claim of too-rapid degradation).

• Example 2: Drone Navigation System

  An inventor seeks a patent for a unique drone navigation system. The patent examiner issues a final rejection, stating that the system, as described, would be "inoperable" due to perceived limitations in sensor technology, based on the examiner's understanding of the field. The inventor then files a declaration after final rejection. This declaration includes a sworn statement from an independent aerospace engineer, along with video footage and performance logs from a successful flight test of a prototype drone using the patented system. The declaration explains that the specific sensor technology used, while advanced, is indeed commercially available and fully functional within the system.

  Here, the inventor uses a sworn statement and supporting evidence (flight logs, video) *after* a final rejection to demonstrate the practical operability of their invention, directly countering the examiner's claim of inoperability.

• Example 3: New Drug Compound

  A pharmaceutical company applies for a patent on a new drug compound. The patent examiner issues a final rejection, asserting that the compound would likely have severe side effects based on its chemical structure, making it unsuitable for medical use. In response, the company submits a declaration after final rejection. This declaration includes a sworn statement from a clinical pharmacologist, presenting preliminary human trial data that was recently completed and was not available during earlier stages of the application. This data demonstrates that the drug compound, at therapeutic doses, exhibits a favorable safety profile with minimal side effects, directly addressing the examiner's concern.

  This example shows the company using a formal declaration with new, critical evidence (clinical trial data) *after* a final rejection to overcome a rejection based on potential adverse effects, thereby attempting to persuade the examiner to reconsider the patentability of the drug.