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Utilize comprehensive data to gain strategic insight for smarter patent prosecution.

Podcast ”Better Patents Now”

Taking Patent Analytics to the Next Level

Maintaining Healthy Patent Portfolios

How to Improve Patent Prosecution Strategy

How to Improve Patent Prosecution Strategy

The proliferation of data analytics tools has changed the way that patent practitioners approach their work. Many new features offered in these tools have greatly enhanced patent practice. In this article published in Law360, Eric Snustad, shareholder at Fredrikson...

RCE vs. Appeal: Four Considerations That Can Make All the Difference

RCE vs. Appeal: Four Considerations That Can Make All the Difference

The patent process is anything but predictable. The road to issuance can be bumpy as new challenges arise and patent practitioners are forced to make important prosecution decisions. Often, these decisions come about when an examiner issues a final office action. It...

LexisNexis PatentSight® is a SIIA CODiE Award Finalist

LexisNexis PatentSight® is a SIIA CODiE Award Finalist

LexisNexis PatentSight® has been named a finalist in the Best Big Data Reporting & Analytics Solution category of the 2019 SIIA CODiE Awards program. The SIIA finalists' page summarizes the analytics solution this way: PatentSight is an analytics platform for...

No Dice for Casino Games Patent

No Dice for Casino Games Patent

On 12月 28, 2018, the U.S. Court of Appeals for the Federal Circuit upheld the USPTO’s rejection of a patent application titled “Casino Game and a Set of Six-Face Cubic Colored Dice” on the grounds that the patent application was directed at an abstract idea and...

Avoiding the Pitfalls of Bad Data In Prosecution Analytics

Avoiding the Pitfalls of Bad Data In Prosecution Analytics

Patent data analytics is an invaluable tool for navigating patent prosecution as effectively and efficiently as possible, but it is important to remember that the data sets that will be most useful to you as a patent professional will change throughout the various...

5 Tips in Preparing for a Patent Examiner Interview

5 Tips in Preparing for a Patent Examiner Interview

Only a few thousand patent examiners are responsible for issuing actions on hundreds of thousands of patent applications that are filed every year with the U.S. Patent and Trademark Office. Although written correspondence between a patent applicant, or a...

Framing Your Patent Application for Easier Patent Prosecution

Framing Your Patent Application for Easier Patent Prosecution

Patent practitioners often approach the patent process as if all patent examiners at the United States Patent and Trademark Office (USPTO) will examine their patent application similarly. In reality, though there are procedural and substantive guidelines that all...

USPTO Profiles Women Inventors

USPTO Profiles Women Inventors

In early 2月 2019, the United States Patent and Trademark Office (USPTO) released a document titled “Progress and Potential: A profile of women inventors on U.S. Patents.” Packed with interesting information about how and where women inventors have contributed to...

Going Green for Improved Patent Prosecution

Going Green for Improved Patent Prosecution

Everyone is going green! And in this case, “going green” has nothing to do with our planet. Ever since LexisNexis® IP launched PatentAdvisor ETA™, the most predictive patent prosecution metric yet, patent professionals are striving to have their patent...

Patenting a Championship

Patenting a Championship

Innovations that Made the Super Bowl Safer and Cooler Super Bowl LIII is in the books with a record-breaking win. Like every Super Bowl before it, this year’s NFL championship was a spectacle not only of talent, but also technology. Unlike past championships, this...

Artificial Intelligence Patent Applications in the News

Artificial Intelligence Patent Applications in the News

Artificial Intelligence (AI) is creating much excitement for numerous industries thinking of new products and services with patent applications increasing to the USPTO for AI-related inventions. Kate Gaudry, a partner at Kilpatrick Townsend and Stockton,...

Infographic: Examiner Lottery Framework™

Infographic: Examiner Lottery Framework™

Patent analytics simplifiedPatent examiner variability exists at every level of the Patent Office. Now you can easily see how the variability impacts your pending patent applications. The three proprietary new metrics in LexisNexis PatentAdvisor® will help you predict...

Seasons Greetings and Holiday Patents Worldwide

Seasons Greetings and Holiday Patents Worldwide

The most wonderful time of the year has arrived again. This week we dive into a breakdown of holiday patent applications filed around the globe and a few of the holiday patent applications published in recent years. Holiday Patent Breakdown Curious to know what types...

The Inside Scoop from a USPTO Patent Examiner

The Inside Scoop from a USPTO Patent Examiner

Only a handful of patent practitioners have seen the inner workings of the United States Patent and Trademark Office. Yet, having an understanding of a patent examiner’s experience at the USPTO can be of great value. Given time, patent examiners evolve in their...

Sounding the Alarm for Superior Patent Examiner Metrics

Sounding the Alarm for Superior Patent Examiner Metrics

Most patent statistics only tell a small part of the overall story. For example, the most heavily relied upon patent prosecution metric is a patent examiner’s allowance rate. Each examiner allowance rate communicates the percentage of patent applications an examiner...

Patent prosecution is the process of drafting, filing, and working with the United States Patent and Trademark Office (USPTO) to establish a patent protection over the rights to a unique invention.

Patent prosecution begins with a unique idea or design. The inventor can then search through databases of accepted, pending, and rejected patents to learn how their idea compares to what is already available. This research stage allows for the inventor to find out if a patent for a similar product already exists. It can also help the inventor discern what distinguishes their product from previous products.

For a patent to be filed and continue to move through the process, it must be drafted with complete, detailed information regarding the invention and claims. A picture of the design is almost always needed. When the draft is ready, it can be submitted to the patent office as an official application. 

A patent examiner will start by verifying that the patent application meets all the criteria to be considered for patentability. This can include originality, meeting formalities, and ensuring the claims are patentable. The examiner will then move to prior art research, similar to the inventor’s initial stage. The examiner will thoroughly research all previous patents to ensure the application does not match anything already approved. 

The examiner and the applicant may interact throughout the process to better understand the application and advance the prosecution. Finally, the examiner will approve, reject, or object to the patent application. The examiner will provide information on why the decision was made, and provide further feedback on how to move forward and what to amend. This can be in the form of an office action, which requires the applicant to create a response in order to continue moving forward with the application.

Our suite of products helps you through every step of the patent prosecution process.

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Process of drafting, filing, and negotiating with the US Patent and Trademark Office (USPTO) in order to obtain patent prosecution and rights for an invention.

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Understanding US Patent Prosecution.

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What is patent prosecution?

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