Understanding The Meaning Of Patent Prosecution & its Process


The process of drafting and filing patent application to obtain patent rights and secure your invention is called Patent Prosecution. In short, it is a process in which there is an interaction happening between the applicant and the USPTO examiners regarding the patentability of the invention. The process of patent prosecution usually begins with conducting a patent search to determine if the invention is worth getting patented. Through patent search, the applicant gets information about the closest prior-art.  The patent attorneys play a key role during patent prosecution cycle. Thus, it makes sense to hire experience patent attorneys that can meticulously draft patent application that is enforceable easily.

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What is the role of Patent Attorneys during Patent Prosecution cycle?

During the patent prosecution cycle, the patent attorneys have a significant role to play. The patent attorneys help the inventors, organizations in drafting patent applications. Apart from that, they help in creating strategies to secure IP Portfolio. The patent attorney, after conducting a patent search, drafts the patent application to figure out the nature of the invention. Along with that, he identifies the novelty element after comparing it with the prior-art.

Patent Prosecution Process

As already mentioned above, the patent prosecution process begins with number of formal steps. For instance, in order to secure your invention, the inventor must conduct a patent search to weather identical technology exists. The inventor can take decision whether he should move forward or retreat after he/she receives patentability report. If the inventor decides to move forward to secure his/her patent, the next step is to draft a patent application.

Drafting of Patent Application

The inventor will have to draft a patent application. Patent application draft will require you to disclose the features, and functionality aspect of your invention. While drafting a patent application, it is important to give attention to detail. Well, the intention behind drafting a patent application is to help examiner in understanding the invention. A high quality patent draft increases the chance of getting patent grant. To make your application more engaging and solid, consider attaching patent drawings.

Examination of Patent Application

After you have filed patent application, the patent application will be delivered to concerned examiner. The examiner will examine the invention, check out for all the claims you have mentioned. Post-this, he will conduct a search to verify if similar technology exists. The examiner will check if the patent application satisfies the minimum fulfill criteria or not. While examining the patent application, the examiner will take into account the “novelty” aspect and the outcome of your invention.

The examiner will issue “OA Report” mentioning the reasons if the examiner does not permit to proceed your application. The applicant will have to file a response against the Office Action within given time period. The office action response should be able to convince the examiner to take the patent application to the next stage.

After the applicant manages to convince the examiner, the examiner will approve your patent application. The applicant will receive notice of allowance. The applicant will have to pay the required maintenance fee for patents beyond 4, 8 and 12 years after the issue date.

Who We Are – Patent Drafting Catalyst?

Patent Drafting Catalyst is a team of experts who assists patent attorneys and patent agents during the patent prosecution cycle. The patent prosecution cycle is long and navigating on your own, without having any expertise, becomes a bit difficult. Our team of experts helps you with docketing services, proof-reading, document procurement, data verification and keeps you in the loop. Patent Drafting Catalyst has a client base spread across the globe.

To know more about our services, click here or get in touch with us.

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