As patent professionals, how do we define successful patent prosecution? Surely, we strive for more than simply obtaining a patent for our client. It is also important that our clients’ patent rights are unambiguous and enforceable, and that our jobs are performed efficiently so that every client dollar counts. Modern patent drafting tools like LexisNexis PatentOptimizer® integrate seamlessly with our favorite word processing tools to create high-quality patent applications before they are submitted for examination.
Avoiding deficiencies that lead to office actions
If a patent practitioner’s minimum objective is to ensure client patents are ultimately granted, then professionals must ensure that all of the office actions issued by the USPTO are successfully overcome. In other words, patent professionals must be certain that their patent applications contain all of the essential qualities or elements required for patentability. However, if we aim a little bit higher for a high-quality application, patent professionals can avoid the rejections and objections that commonly obstruct the path to issuance by utilizing effective patent application drafting and review processes. When an office action is issued containing a rejection, the assigned patent examiner has determined that there are issues with the merits of the underlying patent claims, so the examiner refuses to grant because the claimed subject matter has been deemed unpatentable (based on the laws of Title 35 of the U.S. Code). An objection, on the other hand, arises when a patent examiner takes issue with a patent application’s form (based on the requirements of Title 37 of the Code of Federal Regulations)
The PatentOptimizer patent analysis and drafting tools help patent practitioners avoid the Section 112 rejections and objections by performing comprehensive checks of patent drafts and identifying issues before a patent application is submitted. Among many of the PatentOptimizer features, users can check patent claims for proper antecedent basis or a lack of support in the disclosure, and they can check the parts of their patent applications for accuracy and inconsistencies that could trigger office actions throughout the patent process, resulting in a high-quality application.
Moving beyond sufficient to high-quality patent applications
With so many channels and marketplaces for fraudsters to operate in our complex digital world, it can seem like a daunting task to tackle the problem of fraud and IP infringement. Thankfully, with the right strategy and technology, scammers and their vast abuse networks can be traced, targeted, and taken down.
It is time for patent professionals to aim much higher than producing patent applications that just meet the minimum patentability requirement. Producing high-quality patents means clients are much less likely to wind up in litigation. Moreover, the ability to maintain efficient patent drafting processes without compromising patent quality means that patent clients will be happier and client relationships can thrive.
PatentOptimizer tools allow patent practitioners to produce high-quality patents in less time than ever. Convenient features such as a built-in patent thesaurus allow users to search and navigate a matter index of patent part terminology and find prior art support for claim construction. Users can also save time by inserting fully formatted patent citations into their patent documents with the click of a button, automatically update amended claim numbering and dependencies, and even quickly generate completed USPTO information disclosure statement forms for users.
The features contained in PatentOptimizer are seemingly endless. PatentOptimizer drafting tools enable patent professionals to move the bar and maintain higher standards when it comes to patent prosecution. Patent professionals can avoid delays and headaches caused by patent examiner office actions and can instead provide clients with high-quality patents that are cost-effective and enforceable.
Learn more about how to save time and easily develop well-tailored, concise, high-quality patent applications with a case study of how one IP firm was able to ensure better quality application in less time by using PatentOptimizer.
Learn more about PatentOptimizer here.
Read Drafting Quality Patents to Avoid §112 Rejections to learn more.