This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Application For Prosecution In Santa Clara
State:
Multi-State
County:
Santa Clara
Control #:
US-003HB
Format:
Word;
PDF;
Rich Text
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FAQ
Objective: The main objective of patent prosecution is to secure patent rights for an invention by satisfying the patent office's criteria for novelty, utility, and non-obviousness.
Patent attorneys specializing in intellectual property and patents require a technical background and USPTO authorization. Regular lawyers have a broader scope of practice but lack the qualifications to represent clients in patent-related matters unless they've passed the Patent Bar Examination.
Patent prosecution is the process of drafting, filing, and negotiating with the U.S. Patent and Trademark Office (USPTO) in order to obtain patent protection and rights for an invention.
Specially trained in drafting patents and with knowledge of intellectual property law, patent attorneys lead individual inventors or companies through the required process to obtain a patent and then act to enforce inventors' rights if patents are infringed.
Patent attorneys are experts in preparing and filing patent applications and representing clients in court for patent-related matters such as infringement, licensing, and re-examination.
Prosecution is crucial for anyone involved in intellectual property. Patent prosecution focuses on securing patent rights through the complex process of application and examination. Conversely, patent litigation involves the enforcement or defense of those rights in a legal battle.
File to Acceptance: 12 to 32 months After filing, your application will be assigned to a patent examiner within the USPTO. The length of the examiner's queue, the complexity of your invention, and the type of application you have filed will determine your wait length.
Patent prosecution attorneys: Focus on drafting, filing, and managing patent applications with the USPTO or other patent offices. Patent litigation attorneys: Handle legal disputes involving patent infringement, often representing clients in court.
“Patent prosecution” is defined as the progress of the application from filing, through the search and examination procedures, and on through publication to eventual grant or refusal.
A patent application often includes the following primary sections: Invention Title. The title's objective is to provide a clear understanding of the invention or idea. Prior Art: Context and Novelty. Invention Summary. Drawings and Descriptions. Detailed Description. Claims. Scope. Characteristics.