Patent Prosecution

Patent prosecution is the process of obtaining a patent for an inventor.

Although the process can be conducted by an inventor, the process typically involves a Patent Attorney or Agent working with an inventor to prepare a patent application that includes claims that define the invention. This patent application is submitted to the United States Patent and Trademark Office (USPTO). The patent application is examined by a Patent Examiner employed by the USPTO who is educated in the relevant technology. The Patent Examiner either allows the patent application to issue as a patent or prepares an Office Action explaining why the claims of the patent application are not allowable. The Patent Attorney or Agent then typically responds to the Office Action by amending the claims, explaining to the Examiner why the claims are allowable, or both. This exchange is typically in writing, although it can be supplemented by personal interviews with the Examiner. This process can take months or years, and can involve the filing of additional continuing patent applications. If agreement cannot be obtained between the Patent Examiner and the Attorney or Agent, the USPTO provides an appeal process to a panel of judges who were once Patent Examiners. Once the exchange between the Patent Examiner and Attorney or Agent is complete, the application is either allowed to issue as a patent or it is abandoned.