Patent Prosecution

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What Is Patent Prosecution?

Patent Prosecution is the process of applying for and obtaining a patent. Patent prosecution should not be confused with "patent litigation," which is the term used to describe the process of protecting a patent from infringement.

A Patent is a property right granted by the United States Government. When an inventor owns a patent to his invention, he is able to exclude others from making, using, offering for sale, or selling the invention in the US.

Who Can File an Application for Patent Prosecution?

Only the actual inventor can file for a patent. However, if the inventor is dead or legally insane, his legal representatives can submit an application.

Patent attorneys and patent agents are registered with the PTO to prepare, file, and prosecute patents in the name of their client.

What Can Be Patented?

What Is the Length of a Patent?

Costs of Obtaining a Patent

Filing Fees:

Patent Search Fees: These fees pay for the PTO to search for relevant prior art

Examination Fees: These fees pay for the PTO to determine whether the patent application satisfies the requirements for a patent to be granted:

Do I Need an Attorney?

To apply for a patent, you should consult an experienced patent attorney. You attorney will help you understand the process and will guide you through any unexpected changes you might encounter.

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Last Modified: 05-09-2014 02:37 PM PDT

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