These five steps will help you plan out the patent process as you seek to protect your invention. Understand your invention. The first step in how to get a patent is to understand your invention. Research your invention. Choose the type of protection. Draft your patent application. Wait for a formal response.
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
Where can you find the prosecution history of a patent application? You can find the prosecution history in the Patent Center. After you enter the application, click on “Documents & Transactions” on the left-hand side.
A patent trial begins with the plaintiff filing a complaint alleging infringement of one or more patents. The defendant (accused infringer) files an answer, alleging non-infringement and asserting various defences. The parties proceed to fact and expert discovery, motion practice, pretrial briefing and trial.
The timing of patent prosecution can vary significantly depending on the number of communications with the examiner. The goal of the USPTO is to issue the first Office Action within 14 months of the application filing date, and subsequent Office Actions within four months of each response submitted by the applicant.
Getting a patent can take two or three years after you file your application. This process, which is known as patent prosecution, may become longer and more complicated if your patent faces opposition, or if the U.S. Patent and Trademark Office (USPTO) asks for more information.
In the patent world, the term “prosecution” refers to the entire patent process, from the drafting of the patent application until it is allowed and issued, or finally rejected, by the USPTO.
Prosecuting a patent application includes the following: drafting patent application. responding to Office Actions, including amending claims and drafting arguments. conducting Examiner Interviews.
The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution. Pre-grant prosecution includes the drafting and filing of patent applications, responding to patent office actions, and navigating the examination process to meet all legal requirements for patentability.
Prosecution history refers to any event related to the patent application with the US Patent office. For example, prosecution history includes all of the written communications between the inventor or applicant with the examiner.