Patent Preparation and Prosecution

Patent Preparation and Filing with the USPTO

Patent Preparation includes drafting a patent application that can be filed with the U.S. Patent and Trademark Office (USPTO). Drafting includes creating such patent application sections as claims, detailed description, drawings, abstract, summary, background, etc.

Stellar Patent^® works with you to create a custom patenting game plan based on your goals and budget. After jointly creating your custom patenting game plan, Stellar Patent^® executes your patenting game plan with your guidance.

At each step of the patenting process, Stellar Patent^® helps you understand your options and gives you the information you need to make the best decision for your situation.

Once the patent application draft is finished and you have signed off on the patent application, Stellar Patent^® will file the patent application with the USPTO and submit the required USPTO fees.

Related resources:

Overview of Patenting

What is the Process of having Stellar Patent Draft and file a Patent Application for me?

Patent Prosecution - Working with the USPTO

After the patent application is filed with the U.S. Patent and Trademark Office (USPTO), patent prosecution begins. Although, when prosecution is mentioned most people think of a criminal prosecutor, patent prosecution means the inventors or their representatives are taking the lead in working with the USPTO on the patent application.

Once the USPTO examines the patent application, Stellar Patent^® can help you understand the USPTO's position and develop a response strategy that fits your goals and budget. After the examination, the USPTO will respond with:

1. Patent Application Allowed. In this situation, Stellar Patent^® can work through the formalities required for the patent to be issued and discuss considerations around the patent application before closing patent prosecution.

2. Patent Application Rejected. In this situation, the USPTO will issue an Office Action (OA). Stellar Patent^® can work with you to develop the response strategy. The following is an overview of the process Stellar Patent^® generally follows:

   •Analyze each issue raised by the USPTO in the OA.

   •Develop the response strategy.

   •For issues where the USPTO's position is correct in our opinion, determine application amendments so long as there is support in the patent application for these amendments. For example, when the USPTO finds a reference that teaches the invention as claimed, Stellar Patent^® can analyze the patent application for aspects that are different than the reference and incorporate these differences into the claims.

   •For issues where the USPTO's position is not correct in our opinion, determine arguments to counter the USPTO's position

   •Finalize the response strategy with your feedback.

   •Execute the response strategy and file the response with the USPTO

Related resources:

Overview of Patenting