Many clients stand to benefit from knowing how to get a patent, including how the process goes
SOUTHERN CALIFORNIA, CALIFORNIA, USA, October 19, 2022 /EINPresswire.com/ — Lynch LLP today announced a useful guide for those interested in securing patents for their inventions.
“Nearly all business owners, inventors, and other innovators know that patents exist,” said Sean Lynch, partner at Lynch LLP. “But many don’t know how to get a patent, how the patent process goes, or how long it takes to get a patent. We’ve developed a primer to help clarify this.”
Utility Patent Prosecution
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The accompanying graphic shows the utility patent prosecution process broken into three phases: filing, prosecution, and allowance and issuance.
INITIAL FILING DATE
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When it comes to prosecuting a US utility patent application, once the application is filed, it will be assigned to an examiner, beginning the prosecution phase. If international protection is important for business purposes, please note that the filing entity has one year from an application’s earliest filing date to file international (PCT) applications that claim priority to this utility application.
In some cases, one can benefit from an earlier filing date. When filing within 1 year of certain filing types (usually provisional patent application), a utility patent can claim priority to that earlier filing, thereby benefiting from its filing date. This prevents prior art that arises in between filing dates to be cited against a utility patent.
PROSECUTION
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During the prosecution phase, the USPTO examines the patent and then sends office actions to the filing entity explaining why the patent is not yet in condition for allowance. One of the most common reasons is the existence of “prior art” (e.g., publicly available documents including patents and patent applications) that preclude allowance. This begins an iterative process of amending claims and presenting arguments why the amendments are not taught in the prior art. Each time an office action response is submitted, there is a chance another office action will be received. There is no set amount of office actions that can be received, and there is no guaranty a patent will ever leave this phase—but the best way to maximize chances is to use a good lawyer to break out of that cycle and get to a notice of allowance.
ALLOWANCE AND ISSUANCE
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Once an examiner is satisfied that one’s claims are not taught anywhere in the prior art (or that any other requirements presented in the office actions have been satisfied), the patent office will issue a notice of allowance. Before paying this issue fee, we generally recommend filing a continuation application.
A continuation can claim priority back to the original filing so long as no additional new subject matter is added. These can be incredibly useful from a patent portfolio strength perspective, as it can allow one to work on new claims that are custom drafted to proactively go after infringers that do not infringe claims in an original filing.
As always, we offer complimentary consultations for any questions related to this process.
About Lynch LLP
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Lynch LLP helps clients large and small protect their inventions across a wide range of practice areas. We have specialized expertise in a wide range of technical fields and focus our practice on providing strategic guidance and services including patent prosecution as well as strategic patent counseling. We also have experience with clearance searching, prior art searching, product licensing, as well as litigation and enforcement of patent and other intellectual property rights.
Patent attorneys at Lynch LLP have focused technical backgrounds that give us the breadth of scientific knowledge to write patent applications that not only capture a new and novel invention, but that also create an umbrella of coverage extending beyond the exact confines of the invention. We combine our experience as patent attorneys with our experience with patent litigation to prepare and file patent applications of all types that are created to withstand scrutiny and to maximize enforceability. Our expertise extends into negotiating and drafting licensing agreements.
We have experience representing plaintiffs and defendants in a wide variety of proceedings before courts and the USPTO, crafting patent strategies that complement and further our clients’ business interests.
We have experience filing utility patents and design patents to protect all aspects of your invention. Visit Lynch LLP at www.lynchllp.com to set up a free consultation.
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Lynch LLP Spokesperson
Rainboost Digital Communications
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