The patent prosecution process is a process in which the examiners at the various patent offices assess your application for patentability. The examination is considered the most important stage of this process. The patent examiner studies the application and searches the prior art. The examiner can raise an objection and it is necessary to respond to any objection raised by the examiner.
It is very difficult to determine or predict the costs and the timing of the cost associated with patent prosecution. Also, it is difficult to say how long the entire process will take to get completed. So it is important to hire the services of an expert with good hands-on experience in various areas of the patent including patent prosecution and patent infringement claim charts.
While filing for patent prosecution, many organizations want to know about the cost associated with this process. There are many factors that influence the cost of prosecuting a patent application to the final stage of grant. It is not that easy or possible to predict an objection that a patent examiner may raise against the patentability of your invention. To some extent, it may depend on the number and relevance of prior published documents quoted against your application. But, it may also rely on a large extent on the level and skills of the patent examiner.
The cost may also depend on how realistic you are about the scope of your patent claims. A very common scenario can be like this – the examiner will raise a very relevant document against your patent application. In order to overcome the objection, the claims will need to be narrowed somewhat. It may also happen that the examiner may raise a fairly irrelevant document and in that case, you would wish to maintain the scope of your claims. In that case, it will become necessary to commit further funds to drafting a response to that document in order to point out mistakes in the examiner’s objection.
Another factor that will predict the cost associated with patent prosecution process is how well your patent specification has been drafted. For instance, if the patent examiner objects that the claims are unclear, then significant redrafting may be required. And about the timing of the cost, it will depend on when a formal request for patent prosecution process is made. It is also not predictable when the examiner will assess your application and generate a report. It entirely depends on the national patent office under consideration.
You definitely need a professional patent prosecution support . So hire a professional to help you through the entire process of patent prosecution.
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