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Legal Definitions - prosecution history

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Definition of prosecution history

Prosecution history refers to the complete record of proceedings in the Patent and Trademark Office from the initial application to the issued patent or registered trademark. This includes all documentation, correspondence, and any other record of proceedings before the PTO concerning that application.

For example, if someone applies for a patent, the prosecution history would include all the documents and correspondence between the applicant and the Patent and Trademark Office, as well as any decisions or actions taken by the PTO regarding the application.

The prosecution history is important because it can be used to interpret the scope and meaning of the claims made in the patent or trademark. It can also be used to determine the validity of the patent or trademark in legal disputes.

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Simple Definition

Prosecution history: The complete record of everything that happened when someone applied for a patent or trademark, from the very beginning to when it was approved. This includes all the documents, letters, and other things that were sent back and forth between the person applying and the Patent and Trademark Office. It's also called the file history or file wrapper. A file-wrapper continuation is when someone continues to add to the file history after the initial application.

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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