On an average, the process for obtaining a patent is considered lengthy and time consuming. The associated costs involved are also high. Experts believe that the primary reason behind the tedious patent application process is often prosecution delays. The well-known ‘patent term adjustment’ process fails to be useful too, especially when inventions that belong to a field of technology are constantly evolving.
To tackle these delays, patent offices have undertaken several initiatives. One such initiative is the accelerated examination program. Here, the USPTO will advance an application for examination (if the applicant files a grantable petition). Such initiatives are however applicable only to specific individuals and cannot be regarded as a solution to counter the delay in obtaining a patent. In case the technology domain is an occluded one, even accelerated examinations may not really prove to be useful. The application may further lack substantial examination, thereby remaining prone to invalidation during post examination proceedings (bearing in mind the additional costs incurred).
Suggested Strategies, Solutions and Best Practices
A significant proportion of delay and cost in obtaining a patent can be minimized if the application is drafted properly envisioning the future. We have focused on the best practices that can be followed during the process.
- Optimising the application drafting process
- Optimising patent prosecution support process
Prosecution delays are a major roadblock; hence, a proper drafting strategy needs to include potential prosecution issues.
Based on our experience in the industry, we have summarized relevant challenges and issues, their suggested solutions, strategies and best practices that can be followed in the process of obtaining patents.
Download our eBook to know the expertise used by leading IP creators to optimise both the application drafting process, as well as the patent prosecution support process.