The patent prosecution process is lengthy and complex. Even established, successful companies with internal counsel often require the support of a specialized legal professional when seeking protection for intellectual property.
Successful patent prosecution requires an in-depth understanding of federal policy. Generally speaking, there is also an extensive research stage that organizations must complete before submitting paperwork to the United States Patent and Trademark Office (USPTO).
Businesses typically benefit from having support throughout the research stage prior to patent prosecution as well as the actual process of working with the USPTO to secure a patent.
Patent research is a challenging process
To successfully patent a product or concept, a business must first confirm that there are no existing patents protecting the same concept. Research often begins with a series of searches that review existing patents and pending patent applications. The USPTO provides a searchable database, but that does not mean that the research stage is simple.
Instead, the process requires a series of complex searches using a variety of different terms and phrases. If there are results for similar patents, then a thorough review of those existing applications or patents becomes necessary.
In some cases, the idea that a business wants to patent is new and unique, but it may build on existing patented concepts or processes. It may be necessary to identify patent holders and begin negotiating licensing arrangements with them. All of this typically occurs before the business hoping to prosecute a patent actually submits any paperwork to the USPTO.
Attempting to handle the due diligence stage of patent prosecution without support can lead to oversights or mistakes. Businesses often benefit from bringing in specialized support as early as possible in the prosecution process. Those who have property support can focus organizational efforts on what the company does best and can reduce the risk of oversights during the research stage that lead to complications later.
Instead of attempting to conduct intensive pre-application patent research using company resources, outsourcing the process to those more familiar with the complex world of patents may be a better use of organizational resources. Securing the right support may make it easier for an organization to develop a patent application, prosecute a patent and maintain patent protections after the initial prosecution process.
