Patent Prosecution Process Notes

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Patent Prosecution Process - filing app, responding to office, etc

Several Parts

1. Application

2. Examined by PTO

3. Office Action - response saying if rejected, time to get back

4. Response to Office action

5. Subsequent office actions

6. Final rejection or allowance

7. Issues - start of monopoly


CFR - code of federal regulations

  • promulgated by PTO dept. of commerce
  • 37 CFR - patents, TM, (c)

Application needs

1. specification including claims (35 USC 112)

2. Drawings

3. Oath (37 CFR 1.63, 1.68)

4.


Examination by PTO:

  • Initial Screening
    • figure out which group of examiners examine it


Examiner:

1. Examines applications in order filed, with exceptions

  • a. age of inventor
  • b. national priorities
  • c. reissues
  • d. app ready to issue or final rejection
  • e. etc

2. Preliminary Examination for Informalities

Is the app ready to be substantively examined?

  • eg. appropriate terminology, etc

3. examiner does prior art search (37 CFR 1.104)