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What is Patent Prosecution?

What is Patent Prosecution?

Patent prosecution has nothing to do with a courtroom case, even though the name suggests otherwise. It is the process of dealing with the United States Patent and Trademark Office to obtain a patent for an invention. There is an argument to an extent. You are making the case that you should be granted a patent.

Patent prosecution begins when you fill out a patent application along with the supporting documentation that explains why you should be awarded a patent. Then, you will have a back-and-forth with the USPTO. This is the heart of the patent prosecution process.

The Patent Application Itself Begins the Process

The USPTO will assign a patent examiner to your case. Based on your initial application, the patent examiner will either accept or reject your application. Rejection does not automatically mean that you will not receive a patent. Instead, it is the start of a process where you can defend your case and respond to the grounds for rejection.

The patent examiner may have objections or questions when they review the application. Patent applicants will need to answer these questions in a back-and-forth with the examiner. There could be several rounds of these questions during the process.

The goal of the patent prosecution process is to receive a Notice of Allowance from the USPTO stating that your application meets the legal requirements of a patent. You may need to amend your application to get it to that point. An experienced patent attorney knows how to handle the dialogue with the examiner to put you in the best position for success.

Orlando Patent Prosecution Attorneys

For help with the patent process, contact an Orlando patent prosecution attorney at Daniel Law Offices, P.A. You can schedule a consultation by reaching out to us online or calling us at 866.377.2836


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