Legal Definitions - rejection

Rejection

In legal terms, "rejection" refers to the act of refusing to accept something, often with significant legal consequences depending on the context. It can apply to contract offers, goods delivered under a contract, or claims made in a patent application.

• 1. Refusal of a Contractual Offer

  This occurs when one party declines to accept the terms of a proposed agreement made by another party. Once an offer is rejected, it generally cannot be accepted later unless the offeror renews it or a new offer is made.

  • Example 1: Real Estate Negotiation

    A homeowner offers to sell their house for $500,000. A potential buyer responds, "I'm not willing to pay that much; I'll give you $450,000." The buyer's statement is a rejection of the original $500,000 offer. The original offer is no longer on the table, and the buyer's response is now a new counter-offer.

  • Example 2: Employment Contract

    A company extends a job offer to a candidate with a specific salary, benefits package, and start date. The candidate reviews the offer and decides it doesn't meet their expectations, informing the company, "Thank you for the offer, but I will not be accepting it." This is a clear rejection of the employment contract offer.

• 2. Refusal of Goods Delivered Under a Contract

  Under commercial law, specifically the Uniform Commercial Code (UCC), a buyer has the right to reject goods if they do not conform to the terms of the contract. This rejection must happen within a reasonable time after the goods are delivered, and the buyer must notify the seller of their decision.

  • Example 1: Defective Merchandise

    A bakery orders 100 pounds of premium flour from a supplier. Upon delivery, the baker inspects the flour and finds it is infested with weevils and clearly not "premium." The baker immediately contacts the supplier to state that they are rejecting the shipment due to its non-conforming quality. This is a rejection of tendered goods because they did not meet the contractual specification.

  • Example 2: Incorrect Quantity

    An office supply store orders 50 cases of printer paper. When the delivery arrives, the store manager counts only 30 cases. The manager promptly notifies the delivery company and the supplier that they are rejecting the shipment because the quantity is incorrect and does not match the purchase order. This illustrates rejection based on a failure to meet the agreed-upon quantity.

• 3. Refusal of a Patent Application Claim

  In patent law, a rejection occurs when a patent examiner at the patent office determines that a specific claim within a patent application does not meet the legal requirements for patentability. This means the invention, as described in that claim, cannot be granted a patent for various reasons.

  • Example 1: Lack of Novelty (Section 102 Rejection)

    An inventor applies for a patent on a new type of ergonomic computer mouse. During the examination, the patent office discovers an existing patent from five years ago that describes an identical ergonomic mouse design and functionality. The examiner would issue a "lack of novelty" rejection, meaning the inventor's claim is not new or original because it was already known or patented by someone else.

  • Example 2: Obviousness (Section 103 Rejection)

    A company invents a new coffee mug with a built-in coaster at its base. The patent examiner might issue an "obviousness" rejection, arguing that while the specific combination might be new, it would be considered obvious to a person with ordinary skill in the art of mug design, given the existence of both mugs and coasters. The invention doesn't present a sufficiently inventive step beyond what already exists.

  • Example 3: Non-Enablement (Lack of Clear Description)

    An applicant submits a patent for a complex chemical process but provides only a high-level overview without sufficient detail on the specific ingredients, temperatures, or steps required to actually perform the process. The examiner might issue a "non-enablement" rejection, stating that the description is not detailed enough for someone skilled in chemistry to replicate the invention, thus failing to adequately teach others how to make and use it.