PATENT PROSECUTION Meaning and
Definition
-
Patent prosecution refers to the process of obtaining and defending a patent from initial filing to granting or rejection. It involves the interaction between inventors or patent applicants and the patent office, typically overseen by patent attorneys or agents.
During patent prosecution, the first step is preparing and filing a patent application with the relevant patent office. This involves disclosing the invention and its associated claims, which define the scope of protection sought. The patent office then conducts a thorough examination to evaluate factors such as patentability and novelty. This examination may include prior art searches, evaluating the invention's usefulness and non-obviousness, and determining if the claims are clear and supported by the written description.
Throughout this process, patent attorneys or agents play a central role in defending the patent application, responding to any office actions or rejections raised by the patent office. They argue on behalf of the applicant, amending claims when necessary, providing additional evidence or arguments, and ensuring compliance with patent laws and regulations.
Patent prosecution also involves maintaining communication and correspondence with the patent office, including attending interviews, hearings, and other proceedings. If the examination process concludes favorably, the patent office issues a patent grant, providing exclusive rights to the inventor for a limited period.
In summary, patent prosecution encompasses the steps and actions involved in securing a patent, from filing an application to dealing with the patent office's examination, all with the aim of obtaining a granted patent.
Etymology of PATENT PROSECUTION
The term "patent prosecution" consists of two distinct words: "patent" and "prosecution".
The word "patent" has its roots in the Latin word "patere", which means "to be open" or "to be accessible". The modern usage of the term "patent" refers to a legal grant given by a government to an inventor, providing exclusive rights to make, use, and sell their invention for a limited period of time.
"Prosecution", on the other hand, comes from the Latin word "prosecutio", derived from "prosequi", meaning "to pursue" or "to follow". Its legal sense refers to the act of conducting legal proceedings in a court of law.
Therefore, the term "patent prosecution" refers to the legal proceedings and activities involved in obtaining a patent for an invention.
