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Patent Prosecution |
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Interested to know about patent prosecution? Then keep scrolling this page as here you will get detailed information on patent prosecution. Patent prosecution is of quite importance while it comes to know About Patents. Patent prosecution gives a description of the interaction between an applicant, or his/her representative, and a patent office with paying attention to a patent or a patent application. In broader terms, patent prosecution can be divided into two types: pre-grant prosecution and post-grant prosecution. Pre-grant prosecution involves negotiation between an applicant and the patent office regarding the grant of a patent, and post-grant prosecution involves the issues after the grant of the patent, like post-grant opposition and amendment.
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If patent prosecution is compared to patent litigation, then it would be noticed that they are two distinct types. The laws and rules for governing patent prosecution are frequently mentioned in manuals that are released by the patent offices of various countries and different governments.
Pre-grant Patent Prosecution
The pre-grant prosecution process involves certain steps involving negotiation between the applicant and patent office regarding issues for the granting of the patent. There are basically 7 steps involved in pre-grant prosecution of a patent, they are: (1) Preparation of an application, (2) Filling an application, (3) Search and examination (4) Deferred examination (5) Invention registration (6) Appeals (7) Abandonment. For obtaining patent rights for an inventor, typically, the practitioner first drafts an application after taking an interview of the inventor in order to understand the nature of the invention and will help in clarifying the novel features of the invention. The practitioner takes every bit of details from the inventor that includes a list of those people who contributed in the making of the invention, drawing, etc. After drafting a patent’s application, the filing of the application takes place. As the application is filed, the most important process takes place – the search and examination. The patent office conducts a detailed search program, followed by deferred examination. After these initial steps, the next three processes takes place that leads to the obtaining of patent by the applicant.
Post-grant Patent Prosecution
After the right to patent is granted to the inventor by the patent office, there takes place certain post-grant patent prosecution also that are of two types: Opposition, and Reissue, re-examination and interference. In the process of opposition, some patent law systems are provided where a third party can oppose the patent granting so as to prevent the grant of the patent. In reissue, reexamination and interference process the holder of the patent can plead for a “reissue” of the patent right for correcting mistakes in the already issued patent. Reexamination is the process where the applicant requests the patent office for subjecting an issued patent for further examination.
For more updates on patents, click to the links offered in our site www.patentshub.com.
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