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In most countries that provide for patent rights, including the United States, patent prosecution is the process of preparing a patent application, complying with formalities while covering the claimed invention, filing the patent application, and further communicating with the government to seek official approval.

(Note: Some general description is provided here, but note that the specific peculiarities of your case may warrant a different result, given the myraid of statutes, case law, rules, and minutia that may quickly change the outlook of your case. One basis for rejection, for example, is the 35 U.S.C. section 102(b) "On-sale bar." 102(b) precludes patentability if the claimed invention was sold (or offered for sale) more than one year prior to filing the patent application. There are many others (too many to list and explain), which is what the benefit of an experienced patent practitioner can help to provide, which better protects your invention.)

In the United States, for example, the U.S. Patent & Trademark Office (USPTO) has the power and authority to issue a patent under federal law. A patent disclosure (patent application) is given by the applicant to the government in exchange for seeking patent rights, and if successfully argued by your patent practitioner and allowed by the USPTO, the patent holder can enforce. Patent prosecution can be a complex task that requires specialized expertise, both legal and technical.

AEXIUS, LLC offers full service patent application preparation services, including: international and domestic prior art searches, patent application drafting, and prosecution through issuance and maintenance.

Provisional or Nonprovisional? One question is whether to file a patent application as "provisional" or "nonprovisional."

First, a non-provisional patent application (NPA) will give an applicant "patent pending" status. The NPA is a complete patent application, including claim language. This language must be supported by the specification, which means that the claims cannot introduce subject matter that is not disclosed in the specification (i.e. how to make and use the invention), unless the claims are self-supporting. NPA's are a direct path toward potentially enforceable patent rights, assuming the claimed invention meets all other requirements.

By comparison, a provisional patent application (PPA) also gives your claimed product or process "patent pending" status for up to one year. With either NPA's or PPA's patent rights are not enforceable unless and until the patent issues. PPA's are a cost-saver initially, but you must file a non-provisional application within one year, plus applicable fees, if you want to take advantage of the PPA. The later-filed NPA, to claim the benefit of the earlier filing date of the PPA, must be supported by the written description (specification language and drawings) of the PPA as filed. Thus, the language and quality of the earlier filed PPA must have been sufficient in substance to support a strong NPA. If the applicant plans to file NPA eventually, it may be more beneficial to file full NPA from the start using a skilled patent practitioner. Furthermore, given the rule that applicants may not add new matter to the specification or claims that is not already disclosed in the first filing, significant thought and preparation must be made in advance of filing to better secure rights under the patent. Note: if no NPA is filed, the PPA will become abandoned after the one-year grace period elapses.

Some practitioners and legal service providers offer questionable advice to the general public that may be harmful to a patent applicant's rights. These are significantly more risky, but are provided at your option.

AEXIUSSM services are more truly complete than any invention marketing service, which often only provide search capability, and must incur increased expenses by referring the work to an outside patent agent or attorney. AEXIUSSM patent prosecution services include:

  • Initial Patentability Assessments and Patentability Opinions
  • Provisional patent applications
  • Non-provisional patent applications
  • International patent applications
  • Business methods
  • Improvement patents
  • Continuations and continuation-in-part applications
  • Election of species
  • Divisional applications
  • Interference practice, including inventorship disputes
  • Patent specification drafting and quality review
  • Response to Non-Final Office Action
  • Rejection and overcoming prior art rejections; novelty bar; on-sale bar
  • Overcoming rejections as to lack of enablement or support in the specification, section 112
  • Overcoming 35 USC 102/103 Obviousness rejections
  • Obviousness double-type patenting rejections
  • Objections as to form of claims (implications on potential litigations and enforceability of patent), section 112
  • Response to Final Office Action
  • Appeals before the USPTO Board of Patent Appeals and Interferences (BPAI)
  • Requests for continued examination
  • Recording assignments and relevant documents with USPTO
  • Process and product-by-process patents
  • 35 USC 112 para. 6 "Means plus function" language and limitations
  • Patents or patent applications arising from work performed under a Federal Grant
  • Correction of Inventorship
  • Interviews with Patent Examiner; Examiner Amendments
  • Receipts, docketing, and filing
  • Fees administration, claiming "small entity" status, and seeking accelerated prosecution
  • AEXIUS, LLC offers competitive rates and the legal qualifications to advise you regarding patent prosecution matters before the USPTO. You may contact us for a free 30-minute consultation by filling out the form below. Your information is held in strict confidence.


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