Patent
Prosecution Process
Typically, an application for a patent is prepared by
a professional agent known as a patent attorney or patent
agent, who files the application with a patent office.
The person applying for a patent generally does not need
to be the inventor who created or authored the invention.
However, in the United States a patent application must
be filed in the name of the actual inventor or inventors,
although the application can be assigned to another party,
such as the employer of the inventor.
At the patent office an examiner will consider the invention's
patentability and whether it is otherwise eligible for
grant. The entire legal process of examination and obtaining
grant is called patent prosecution.
Some countries do not formally review patent applications
while others accept the determination of other patent
offices. For example, some smaller countries, such as
Belgium and the Netherlands [1] grant a patent almost
automatically or with minimal examination. This may be
contrasted with the strict requirements of the United
States Patent and Trademark Office, the Japanese Patent
Office and the European Patent Office.
The patent prosecution process typically involves:
1. Filing a patent application by inventor or applicant.
2. Formalizing of application (signatures by inventors
or applicant), often filed at the same time as the application.
3. Establishing of a prior art search report by the patent
office.
4. Publication at 18 months from earliest claimed filing
date. US applicants can request non-publication if the
application is not filed outside the United States.
5. Review by the examiner or the Examining Division, including
communication with applicant to modify the claim language,
if needed.
6. Grant of the patent (if it the patentability criteria
are met) and publication of the issued patent.
7. Opposition period, during which anybody (e.g., other
companies) can challenge the patent grant. This is not
applicable for the US where other procedures are available,
namely the reissue and reexamination procedure. In several
countries, oppositions can be filed before the grant of
the patent.
The specifics of the examination process include:
1. Verifying that claims are for a patentable subject
matter.
2. Ensuring unity of invention, since each patent application
can only be for one invention (called "restriction"
practice in the United States).
3. Formalities. Ensure that the drawings, description,
and claims meet all formal requirements.
4. Utility or industrial applicability.
5. Novelty (newness)
6. Non-obviousness or inventive step.
Different patent systems use different terms and different
standards for these concepts, of which the most important
probably are: patentable subject matter, novelty, non-obviousness
and sufficient disclosure.
See:
• Intellectual
Property Rights
• Patent
• Patentable
Subject Matter
• General
Patent Corporation Wins Reexamination for Acticon Patents
• Intellectual Property - The 3 Branches: Copyrights, Patents & Trademarks
• Patent - How To Get One
• Patent Expert Offer Free Do-It-Yourself Patent Course to Independent Inventors
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