Patent prosecution is a misleading term. It has nothing to do with patent litigation. Instead, it is the several steps for getting a patent registration with the government. In other words, it is convincing the government that you deserve a patent. It includes writing the patent application, filing the patent, negotiating the terms of the patent with the patent office, and making any amendments to the patent after it is granted. Most inventors hire a patent attorney or patent agent to represent them in this process because the rules are many and the consequences of making a mistake can be huge.
The process to get a patent starts with preparing and filing a patent application with the patent office. The patent office performs several reviews of the application and gives notice if it feels anything is wrong. It is very rare for a patent application to not have something "wrong" with it, even if there is nothing wrong with it. So, the next step is to negotiate with the patent office. This can mean changing (amending) parts of the application to satisfy the patent office. It can also mean sending back arguments or submitting proof. You can even file appeals and petitions if you feel that you are getting the short end of the stick. Everything goes by rigid timelines and if you take too long to reply, you could face penalty fees. Even worse, the patent office might cancel your patent application, saying that you abandoned it.
If and when you come to terms with the patent office about the patent application, there is some final paperwork and fees and then your patent application will be registered and you will receive an official certificate. Sometimes, after a patent application is registered, you may want to change the application. So, there is a way to do that too.
Below are some patent prosecution tips and tricks. Every situation is unique (we are talking about inventions here, after all), so not every trick may apply to your patent. As always, you should seek the advice of a trained professional:
Patent prosecution is about perservering with the patent office until you finally receive a patent.
Mike was a patent examiner at the United States Patent Office. While there he examined over 300 patent applications. This experience has helped him to understand all the subtleties of getting a patent. You want that experience on your side.
Mike is extraordinarily creative in finding patentable features. Sometimes it requires thinking outside of the box to find the patentable features of an invention. He has an expertise at finding ways to get patents on new inventions that other patent professionals would not consider.
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