Final US patent rejection. What else can I do?

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HeavyO

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Hello everybody,

Long story short...
US patent was filed in 2004, has been rejected once by USPTO. Submitted arguement and received final rejection notice by same patent examiner.

I guess submitting another arguement is pointless at this time and I know I can submit it to a court alternatively to be neutrally overviewed by judges and maybe a chance of getting the patent granted. It's really different to similar components and a great project.

My questions:
1.) If not granted by judges, can I resubmit the patent in the US again?
2.) Can I get the project funded despite patent being possibly not granted?
3.) If I apply for the same project in another continent, or country. Then get it funded, manufactured and marketed. Is there a chance that I can get the US patent granted and approved lateron?

Any good advice would be greatly appreciated. This "baby" has been my passion for many years, could provide many jobs, improve the quality of life and help many people.

Thank you!!!
 
I don't see anywhere in your posting that you have retained a patent lawyer to fight for your baby. If I were you, that is where you should start so you can see what are your final options regarding an appeal.
 
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Yes, I retained a patent lawyer and he suggested not to argue against with this same patent examiner, but to go and submit it to a neutral judge patent. I was hoping for more and other options. Would there even be a chance to still get it granted by the judge panel?
 
Well, it looks like the appeal process needs a cool down period. Requesting the neutral patent judge panel is going to be the only option since it seems that the next or same patent examiner will continue to refer to the notes that led to the final rejection notice. As far as your chances, that is up in the air. May I ask what was the rejection about? Similar patent under a different owner?
 
Thanks for your response Presutin. Right, looks like a judge panel is my only option at this current time. As far as why the rejection? My invention is an entire system. Initially, I came up with my idea in 2001 and had then already a patent search done by my patent attorney. The 2 patents which have just each 1 similar component with my whole system idea are in question here. But, the 2 different components are still different from the whole combination of the system and this was argued. This unique system is non-existent.

It's a great system and could greatly improve the US and global economy. So, what else can I do? It is way too large of a scope financially to be built and manufactured on my own, as it is a large scope project where I need help of big companies.
 
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