Patent Prosecution

Definition

Patent prosecution is the process of communicating with a patent office to address objections and rejections and persuade the examiner to grant the patent.

Why It Matters Legally

Prosecution decisions shape claim scope and create a written record that can limit the patent later in litigation. Skilled prosecution can mean the difference between broad, valuable claims and narrow, easily avoided ones.

Example Use Case

After receiving a rejection, an attorney amends the claims and submits arguments distinguishing the prior art, eventually persuading the examiner to allow the application.

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Related Terms

Office Action, Examiner, Patent Application, Claim Amendment, Notice of Allowance