Prosecution implies that this is about patent infringement litigation. Actually, it's more of a term for a set of professional services separate from lawsuits. The patent prosecution law firm is the entity that takes care of pre-grant spade work and preparation, the filing of the application and negotiations with the issuing patent office, and also post-grant issues such as amendments and opposition.
A practitioner in this field of the law has to sit down with inventors and understand all the aspects of the invention, in the process discovering all the prior art and separating it from new features. In this case, prior art refers to parts, designs and other things related to the invention that are already well known in the field. The inventor's notes and drawings must be collected and used to highlight the creative process and development work.
A whole lot of preparatory work must be done before the filing reaches an issuing body such as the USPTO. For example, it's very important to know and precisely list how many inventors were involved, and which part of the invention was created by which inventor. Mistakes in this regard can easily get patents invalidated.
Another area that calls for a lot of due diligence are the public disclosures and sale offers (if any) made before the application is filed. If any of it turns out to be true, the issuing body may reject the filing. All this needs a lot of hard work, manpower and time, but practitioners cannot afford to stretch the preparatory work for too long because it has to be completed within a narrow window.
Time is a key factor here, because it's not uncommon for multiple parties to be filing patents for the same invention at approximately the same time. All other things being equal, it then comes down to who filed first. This first-to-file rule is in force in all major jurisdictions including Europe, Japan and the U. S. Note that U. S. Law still allows for interference hearings to determine which of two simultaneous filings was invented first.
Applications are put together in a specific manner with an extreme focus on accuracy and facts. It must have at least two main parts. One part provides the invention's general description, and the second one is a listed set of claims detailing what separates it from the prior art.
Drawings and models may also be used to provide a more accurate and well-defined representation of the invention. This makes it easier to show how it differs from other similar patents. Issuing bodies will focus on a process called search and examination. The search is for prior art, and the examination is the office action that looks into the application. Together, these two actions will enable the agency to determine whether this is an invention and should be granted a patent.
Post-grant patent prosecution services for which a law firm gets called in usually has to do with opposition or amendments. Inventors may ask for a reissue if they want to correct mistakes or widen the patent's scope. Anyone can ask for a reexamination if they feel the patent has been erroneously awarded and/or some of it needs to be looked at more deeply.
A practitioner in this field of the law has to sit down with inventors and understand all the aspects of the invention, in the process discovering all the prior art and separating it from new features. In this case, prior art refers to parts, designs and other things related to the invention that are already well known in the field. The inventor's notes and drawings must be collected and used to highlight the creative process and development work.
A whole lot of preparatory work must be done before the filing reaches an issuing body such as the USPTO. For example, it's very important to know and precisely list how many inventors were involved, and which part of the invention was created by which inventor. Mistakes in this regard can easily get patents invalidated.
Another area that calls for a lot of due diligence are the public disclosures and sale offers (if any) made before the application is filed. If any of it turns out to be true, the issuing body may reject the filing. All this needs a lot of hard work, manpower and time, but practitioners cannot afford to stretch the preparatory work for too long because it has to be completed within a narrow window.
Time is a key factor here, because it's not uncommon for multiple parties to be filing patents for the same invention at approximately the same time. All other things being equal, it then comes down to who filed first. This first-to-file rule is in force in all major jurisdictions including Europe, Japan and the U. S. Note that U. S. Law still allows for interference hearings to determine which of two simultaneous filings was invented first.
Applications are put together in a specific manner with an extreme focus on accuracy and facts. It must have at least two main parts. One part provides the invention's general description, and the second one is a listed set of claims detailing what separates it from the prior art.
Drawings and models may also be used to provide a more accurate and well-defined representation of the invention. This makes it easier to show how it differs from other similar patents. Issuing bodies will focus on a process called search and examination. The search is for prior art, and the examination is the office action that looks into the application. Together, these two actions will enable the agency to determine whether this is an invention and should be granted a patent.
Post-grant patent prosecution services for which a law firm gets called in usually has to do with opposition or amendments. Inventors may ask for a reissue if they want to correct mistakes or widen the patent's scope. Anyone can ask for a reexamination if they feel the patent has been erroneously awarded and/or some of it needs to be looked at more deeply.
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