Patent Prosecution: Post Grant

Patent prosecution and patent litigation are two very different types of legal actions. Whereas patent litigation deals with patent infringement, patent prosecution is an interaction between the applicant, patent holder, or representative, and the patent office. This can be categorized into two different types: pre grant and post grant patent prosecution.

Post grant patent prosecution generally involves issues like post grant amendments to patents and opposition to patents. The laws and rules surrounding this process are laid out in the Manual of Patent Examining Procedure or MPEP.

In the United States, there is a process called reexamination. Through this process, a third party can oppose the granting of a patent. If successful, this will either prevent or revoke the granting of the patent. This process can be undertaken at any time during the period of enforceability of the patent. In order for the process to work, the plaintiff must prove the patent to be incompliant with patent law in some way. Generally, this means that it is not patentable material.

In addition to reexamination, there is a process called reissue. This process deals with amendments to the patent. Unlike with reexamination, only the patent holder can file for reissue. This process can be used to correct mistakes in the patent or even to broaden its scope.

A Patent Litigation Attorney Can Help

Patent prosecution can be a difficult action to take on your own. If you would like more information, contact the patent attorneys of Williams Kherkher at 800.761.3187.