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The fifth step to patenting an invention is prosecuting the patent application (patent prosecution). Prosecuting a patent application involves communicating with the United States Patent and Trademark Office (USPTO) to get the application into a state that is ready for approval, or a “condition for allowance.”
Patent prosecution begins after an invention is filed with the USPTO. At this point, the invention is considered patent pending. Patent prosecution services generally involve one of these three activities:
- Representing a patent application through examination (responding to office actions);
- Appealing an examination decision; or
- Conducting opposition, reissue, or reexamination proceedings.
Our USPTO registered patent attorney handles patent prosecution at every stage, whether it is before or after a patent is granted. Our team assists in getting pending patent applications approved through pre-grant patent services and maintaining patent protection for
Patent Prosecution Details for Pending Patent Applications
Once a patent application is pending with the Patent Office, pre-grant patent services are performed to pursue patent protection for the invention in question. This entails communicating with the patent office regarding the examination of the application. Patent prosecution services for patent pending applications include the following:
- Responding to office actions from the examiner
- Writing and filing patent application amendments
- Writing and filing new patent claims
- Conducting examiner interviews
- Pursuing patent petitions and patent application actions
The goal of patent prosecution is to get the application into a “condition for allowance,” or a state in which the application meets all legal and administrative requirements to be granted a patent. Once a patent application for an invention is in condition for allowance, the invention is ready to be granted a patent. Read more about what happens after filing a patent application.
Pre-Grant Patent Services Examples
The patent prosecution process can vary based on the specifics of each application. We recommend consulting with a licensed patent attorney to prosecute your patent. Explore two of our pre-grant patent services examples with costs.
Inventor Tip: The patent application process can often take many years, but there are several ways to expedite the process. Read more about getting your patent application prosecuted faster in our article on accelerating patent applications.
Entrepreneur Tip: We can write and file accelerated examination patent applications under the USPTO’s Accelerated Examination Program for both utility and design patent applications. This USPTO program is meant to reach a final decision on allowance and issue of a patent within 12 months. This is achieved by incorporating a pre-examination search, an accelerated examination support document (AESD), and an examiner interview with the patent examiner.
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Patent Prosecution Details for Patented Inventions
Once your patent application has been approved and a patent has been granted, there may be a need for continued prosecution (post grant patent services) to protect your invention. This could involve updates, such as transferring patent ownership or addressing potential patent infringements. More specifically, post-grant patent services for issued patents include the following:
- Assignments for changes in patent ownership
- Monitoring patents for potential infringers
- Licensing agreements and license contracts
- Sale of all or a percentage of interest in an issued patent
- Ex parte reexamination of an issued patent
- Inter partes reexamination of an issued patent
- Infringement lawsuits
- Alternative dispute resolutions (ADR)
It is crucial to look out for post-grant prosecution opportunities to safeguard your invention and maximize the value of your patent. Read more about what happens after you get a patent.
Post-Grant Patent Services Examples
The specific post-grant patent services performed for an invention depend on each individual situation. Explore two of our post grant patent services examples with costs.
What is a patent prosecution strategy? Devising a patent prosecution strategy is crucial for effectively addressing possible rejections, objections, or other obstacles during the examination process and ultimately attaining a patent. A successful prosecution strategy begins with the creation and submission of a complete and proper initial application. The inclusion of well-crafted claims and drawings in the initial application forms a strong basis for successful prosecution.
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6 Benefits of Hiring a Patent Attorney to Prosecute a Patent Application for Your Invention
- Expertise and Knowledge: Patent attorneys are specialized legal professionals with extensive knowledge and experience in patent law. They are trained to understand the complex legal requirements for successfully obtaining a patent.
- Legal Advice: Patent attorneys can provide legal advice on a range of patent-related issues, including patentability, licensing, patent litigation, and infringement disputes.
- Better Chances of Approval: Patent attorneys have a thorough understanding of the patent application process and can ensure that all necessary paperwork is properly completed and filed. They can assist in drafting the application and handle communications with the Patent Office on your behalf, maximizing the chances of approval by the Patent Office.
- Avoiding Mistakes: The patent application process can be complex and confusing. Patent attorneys can help you avoid common mistakes that could lead to your application being rejected or delayed. This can save you time and money in the long run.
- Protection of Intellectual Property: Patent attorneys can help protect your intellectual property rights by identifying potential infringers and taking legal action to prevent them from using your invention without permission. Additionally, they can identify licensing opportunities and negotiate licensing agreements.
- Increased Value of Your Patent: A well-drafted patent application can increase the value of your invention and make it more attractive to potential investors, licensees, or buyers.
Online Patent Prosecution and Patent-Related Services
Electronic patent applications are submitted to the USPTO using Patent Center. Filing and prosecuting an application through Patent Center requires an online account. The account enables you to monitor the status of your application and all related communications. An online account is available for free on the Patent Center website.
We offer patent prosecution services with both the USPTO and WIPO (World Intellectual Property Organization). The USPTO accepts utility, design, and plant patent applications. WIPO accepts PCT (utility and plant) and Hague (design) patent applications filed directly to WIPO or indirectly through the USPTO.
At Carson Patents, we provide expert assistance with handling USPTO office actions from a licensed USPTO patent lawyer starting at $480. If you are seeking patent prosecution services, contact us for a free consultation.
Learn about our prior art search and patentability study costs. Try our easy-to-use patent application cost calculator. Learn about our all-inclusive patent application service fees.
Inventor Tip: When looking for expert patenting help, keep in mind that only a USPTO licensed patent attorney or patent agent can prosecute patents for you.