Released Inventions

Patent Prosecution and IP Counseling

·         What is a patent?

·         What is the process?
          o   Search
          o   Provisional v Nonprovisional
          o   Filing
          o   Prosecution
          o   Issuance
          o   Continuation
          o   Maintenance

·         Bar Dates


·         What is a Trademark?

·         What is a Copyright?

Filing – Whether a provisional patent or nonprovisional patent is filed, the invention may be marked, “Patent Pending”. After the nonprovisional patent application is filed, it will be assigned to an art group within the United States Patent and Trademark Office and then to an examiner. However, an examiner will not actually look at it for about 22 - 28 months.

 

Prosecution – Once the examiner looks at the patent he will review whether or not it meets the statutory requirements for a patent. Most likely he will find some issue with it and make a rejection. Then the patent agent/attorney will either convince the examiner that the rejection was in error or amend the patent to comply with the examiner's rejection. This back and forth can last many months or more than a year.

 

The average pendency (time from file to issue) of a biotech patent is 34 months.