What is Patent Prosecution?


Granting a patent is the process of drafting, filing, and negotiating with the United States Patent and Trademark Office (USPTO) to obtain patent protection and rights to inventions. It contrasts from patent prosecution, which includes suit to manage patent encroachment after a patent has as of now been allowed. Patenting is a collaborative, interactive process in which the applicant and his agent work with USPTO examiners to address various concerns about the patentability of an invention.

Prosecuting a patent usually begins with a patent search, which will allow an inventor to determine whether it is worth pursuing. The process of obtaining a utility model is complex and difficult, and inventors must use the services of a patent attorney to create this type of patent. Unlike patent attorneys, patent attorneys must enroll not only in the Bar but also in the USPTO.

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