Patent Prosecution
Patent prosecution is the process of obtaining a patent. The patent will give you the legal right to exclusively market your intellectual property.
Typically the first step is you working with an experienced team todraft and then submit your application for a patent to a governmental authority such as the Israeli Patent Office in Jerusalem and paying the appropriate fee. The patent application will then be granted a pending status and will eventually be assigned to an examiner for an initial review.
It takes about three years from the time of filing the application to receive a review.
What Happens After the First Step?
When your patent application goes before a reviewer, one of two outcomes generally occur. You will receive an agreement with your claims or there will be a rejection because your idea is not considered patentable.
The next step of your patent prosecution would be to file a response to the review (office action). The steps of review and response may occur several times. You also have the option of stopping the case, but that means your IP (intellectual property) will not receive the protection you want it to have. There may be options to reconsider your case or request a continuation of the examination period.
In Israel, basic information of a patent application, such as the title of the invention and the name of the applicant, are published a few weeks after filing. Total invention disclosure occurs at the ILPO (Israel Patent Office) website about 18 months after your filing date.
Responses to Official Actions
A response to an Official Action in most jurisdictions must usually be filed within three-four months. As the applicant, you do have the option to delay your response, but there is a monthly fee involved for the privilege.
There are specific patent practices to follow during this process as well that ensure any amendments stay connected to your application.
Patent prosecution is an effective way to secure your intellectual property when you properly follow the appropriate steps .
If you have an idea or invention to patent, then don’t waste time. You must be first with your application to receive the priority consideration of first to file an application for the invention.
