Search and Examination of Patents

In the stages of patent prosecution leading up to the grant, search and examination becomes the principal part of the procedure. This begins with the search aspect.

The patent office must conduct a search for any prior art which is relevant to the application. While the extent of the search depends on the patent office conducting it, the search generally covers all published patent applications and technical publications. Once this is completed, the results must be given to the applicant in a search report. This often involves a non binding opinion on the patentability of the application so that the applicant can make an early decision.

The search report generally gets published 18 months after the earliest priority date. However, it can be later. The examination is generally conducted at the same time as the search, but can occur at a later date in some cases.

The examination involves the patent office determining whether or not the application meets the requirements of patentability. If the application is not in compliance with any one of the requirements, and examination report is issued to show the applicant the examiner’s objections. The applicant may then argue to support the application or make amendments or both. However, if the objections cannot be overcome, the application is abandoned.

If you are interested in patents, it is best to consult an attorney to ensure that your rights and ideas are properly protected.

Speak with a Patent Litigation Attorney

If you would like more information about patents, or are considering patenting, contact the patent litigation attorneys of Williams Kherkher at 800.761.3187.