Patent Examination & Objection Reply Services
Turn Patent Objections into Patent Grants
What are Patent Examination & Objection Reply Services?
Following the filing, the patent application is reviewed at the Patent Office where objections in relation to the following are made through the First Examination Report (FER):
- Novelty
- Inventive Step
- Clarity/Subject Matter
- Formal Requirements or Procedural Steps
Why is Expert Objection Handling Important?
Incorrect responses can result in:
- Abandonment of the application (emphasizing the need for avoiding patent application abandonment)
- Permanent reduction of the scope of the claim
- Prevention of patent grant
Professional handling can help in:
- Maintenance of commercial value of the claim through patent risk management
- Dealing with objections raised by the examiner by deploying an expert patent defence and an analytical patent response strategy
- Improving chances of patent grant
How Intellect Bastion Handles Patent Examination
Following the filing, the patent application is reviewed at the Patent Office (requiring strategic patent examination and prosecution support), where objections in relation to the following are made through the First Examination Report (FER):
- Novelty
- Inventive Step
- Clarity/Subject Matter
- Formal Requirements or Procedural steps
An appropriate response is critical for progressing towards a patent grant.
Why Choose Intellect Bastion?
The strategies in our patent prosecution include:
- FER Analysis: Analysis of examiner reasoning and cited prior arts, tailored by a professional patent consulting firm or patent prosecution firm.
- Argumentation Preparation: Preparation of logical responses according to patent law by experienced patent agents and attorneys.
- Claim Amendment Strategy: Minimal but necessary claim amendment to protect your core invention.
- Hearing Preparation Assistance: Filing written arguments and preparing for hearings, utilizing specialized patent consulting services.
- Constant Prosecution Surveillance: Compliance with deadlines to ensure nothing is missed.
Frequently Asked Questions
Find answers to top questions about Patentability Search, novelty evaluation, and the patent filing process.
What exactly is "Patent Prosecution Support"?
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It refers to the management of your application once you have submitted it. It requires answering the queries raised by the patent examiner, participating in interviews and providing technical arguments to get your patent accepted.
What is an "Office Action"?
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An Office Action is an official correspondence from a Patent Examiner. Normally, it provides the reasons for the rejection of your "claims," which are basically the legal descriptions of your invention. This action is typical in the process and not a definite "no."
How do we respond to a rejection?
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We give a reply in writing. We either change the description of your claims or provide arguments on how the examiner has misinterpreted your invention and/or prior art technology.
What is a "Patent Examiner Interview"?
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This is an interview (generally by telephone or video) conducted between your representative and the examiner. Such interviews are very helpful in clarifying any misunderstandings and reaching a "middle ground" in order to expedite the granting of the patent.
Why are there so many delays in the prosecution phase?
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The Patent Office processes millions of applications. It generally takes about 6-12 months for the first action to be issued and several months after each follow-up. Hence, "Prosecution Support" becomes imperative in such situations.
Can I change my invention during prosecution?
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There is no provision for including "new matter" (new features) in addition to the originally filed ones. But one can fine-tune the way their originally claimed features are described and protected in view of the objections raised by the examiner.
What is the role of "Technical Illustrations" in prosecution?
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Occasionally, an examiner will not buy your claim since he is unable to form a mental picture of your idea. Prosecution support typically includes drawing up some drawings that help to show that the invention is novel and useful.
How do I know when to give up on an application?
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The best prosecution support team will inform you when the arguments presented by the examiner are too persuasive. Sometimes it makes sense to quit the prosecution process altogether because narrowing the claims so extensively renders the patent commercially worthless.
What happens once the prosecution is successful?
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An "Allowance Notice" is issued by the examiner. Your patent is granted when the government's issue fee is paid.
Don’t File Blind — Do a Patentability Search First
Give your invention the best start! Learn why a patentability search is crucial and how to check originality using the right tools and strategies.