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Patent Prosecution Meaning

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Patent prosecution and patent litigation are different.

Patent attorneys specialize in either patent prosecution or patent litigation. Patent prosecution involves matters related to applying for patent. Patent litigation involves legal actions about a patent that has already issued.

  1. Disclosure

    • Patent prosecution involves meeting a client and taking a disclosure about the invention. Patent disclosures are a type of interview in which the agent or attorney learns how the invention will be made and used.

    Patent Applications

    • The attorney or agent drafts a patent application based upon the disclosure. She will file the application with the U.S. Patent and Trademark Office (USPTO).

    Prosecution

    • The patent or agent argues with the USPTO and explains why the invention described in the application is novel and non-obvious. Eventually, this leads to rejection or allowance of the application.

    Other Matters

    • The agent or attorney handles filing the assignments for the invention and any other related paperwork. If the application is allowed, he also pays fees associated with issuance.

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