Legal Definitions - Patent prosecution

Patent prosecution

Patent prosecution is the process of obtaining a patent and defending its validity if challenged through reexamination. It involves the interaction between an applicant and the Patent and Trademark Office, with the applicant usually represented by an attorney.

Example 1: John invents a new type of bicycle lock and wants to protect his invention with a patent. He hires a patent attorney to help him navigate the patent prosecution process and file a patent application with the Patent and Trademark Office.

Example 2: After receiving a patent for her new software program, Sarah discovers that a competitor is infringing on her patent. She hires her patent attorney to defend the validity of her patent through reexamination.

Patent prosecution is the process of obtaining and defending a patent. In example 1, John hires a patent attorney to help him obtain a patent for his invention. In example 2, Sarah hires her patent attorney to defend the validity of her patent against a competitor. Both examples illustrate the interaction between an applicant and the Patent and Trademark Office, with the applicant represented by an attorney.