Patent Procurement and Strategy for Business Success Part III: Prosecution

“Patents drafted and prosecuted in accordance with principles described herein that target the right infringers and thwart competitive countermeasures can establish patent positions from which a wide range of patent strategies that are designed to help secure the success of businesses can be devised.”

In the United States Patent and Trademark Office’s (USPTO’s ) patent academy (or today’s version of such), patent examiners are taught that the objective of the patent examiner is to “issue valid patents promptly.” In pursuing this institutional interest, each examiner conducts examinations that they independently manage. Although patent prosecutors cannot control an examiner’s decisions, they can establish a context that encourages a favorable outcome.

If first and second application drafters each drafted applications to cover the same invention (that met all of the requirements of 35 USC 112) the presentation of the content in the…

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