The word prosecution makes people think this is about litigation relating to patent infringements. It's actually a term that covers an umbrella of services distinct from litigation. A patent prosecution law firm handles everything from pre-grant preparatory work to the actual process of negotiating with the patent office to get a filing approved, and then the post-grant work such as opposition and amendments.
Lawyers who do this kind of work need to have extensive sit-downs with the applicant to determine the unique new aspects of the invention that set it apart from "prior art" in the same field. As applied to patents, prior art is a term to describe what is already generally known to people in the field. The notes and drawings the applicant possesses are required to show the new features and the development process involved.
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.
A lot of due diligence is needed to make sure there have been no sale offers or other public disclosures made about the invention. If it is found out later during the application process that something like this had taken place, the entire filing may end up rejected. The need for all this spadework doesn't mean that lawyers can take as much time as they want. These things are usually close-cut affairs that must be completed within a narrow timeframe.
Time is of essence because two or more parties often end up seeking the same patents at about the same time. If both applications are valid, then the deciding factor is the date of filing. All major jurisdictions including the U. S., Japan and Europe follow this first-to-file rule. The U. S. Additionally also has a process called interference hearings in case two near-simultaneous filings for the same invention end up as a dispute.
The actual application itself is written in a very specific style and must be incredibly accurate in all regards. It usually contains at least two main components. One is a general description of the invention. The other is the set of claims that sets it apart from the prior art.
A set of drawings and eve a model may be included to provide specs and serve as a representation of the actual invention. It also goes to show how it is different from similar existing patents. The issuing authority's main task is to search and examine. Search is where they compare the prior art to the new claims and other data submitted. The search report and the office action to examine the application will together determine if there are sufficient grounds to grant the patent.
The post-grant issues that require a law firm for providing additional patent prosecution services are usually related to amendments or opposition. A "reissue" may be requested afterwards by the inventor to correct mistakes and/or broaden the scope covered by the invention. A reexamination may be requested by anyone who thinks the issuing authority made a mistake and some parts of it need a second look.
Lawyers who do this kind of work need to have extensive sit-downs with the applicant to determine the unique new aspects of the invention that set it apart from "prior art" in the same field. As applied to patents, prior art is a term to describe what is already generally known to people in the field. The notes and drawings the applicant possesses are required to show the new features and the development process involved.
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.
A lot of due diligence is needed to make sure there have been no sale offers or other public disclosures made about the invention. If it is found out later during the application process that something like this had taken place, the entire filing may end up rejected. The need for all this spadework doesn't mean that lawyers can take as much time as they want. These things are usually close-cut affairs that must be completed within a narrow timeframe.
Time is of essence because two or more parties often end up seeking the same patents at about the same time. If both applications are valid, then the deciding factor is the date of filing. All major jurisdictions including the U. S., Japan and Europe follow this first-to-file rule. The U. S. Additionally also has a process called interference hearings in case two near-simultaneous filings for the same invention end up as a dispute.
The actual application itself is written in a very specific style and must be incredibly accurate in all regards. It usually contains at least two main components. One is a general description of the invention. The other is the set of claims that sets it apart from the prior art.
A set of drawings and eve a model may be included to provide specs and serve as a representation of the actual invention. It also goes to show how it is different from similar existing patents. The issuing authority's main task is to search and examine. Search is where they compare the prior art to the new claims and other data submitted. The search report and the office action to examine the application will together determine if there are sufficient grounds to grant the patent.
The post-grant issues that require a law firm for providing additional patent prosecution services are usually related to amendments or opposition. A "reissue" may be requested afterwards by the inventor to correct mistakes and/or broaden the scope covered by the invention. A reexamination may be requested by anyone who thinks the issuing authority made a mistake and some parts of it need a second look.
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