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Post Grant Patent – an Analysis

By TT Conbsultant Subscribe to RSS | January 9th 2012 | Views:

The proceedings of the post grant patent allows the public to make an appeal to the USPTO so as to cancel the claims of a certain patent that will be issued within a year. The Patent post grant review enables any person to file a suit in order to appeal for a review who has already been warned with the infringement of the patent. This appeal has to be made within four months of the warning.

In order to put a stop to the wrong usage, the petitioner who has appealed for a patent review must have to first proof the un-patentability of the intellectual property, without which the claim or appeal will be dismissed by the court. If the proceeding starts for the appeal, the owner of the patent can get only one chance to do some amendment for the challenged claim.

There have been new proposals regarding the function of USPTO for improving the integrity of the intellectual property. In case of patent validity search this function of the USPTO is limited presently to the proceedings of inter parte and ex parte re-exams. The scope of patent watch clearly defined in the granted patent claims.

The patent filing agent would inform everyone about the terms and conditions of the claims. These terms will include explanations like what are allowed and what cannot be allowed unless and until the petitioner gets permission from the patent owner. Generally, anyone who manufactures imports, exports, sells and even deals with patented technology within the patent term and also within the limits of the country in which the patent has been issued. This is called an infringement of the patent.

The patent prior art search is the technique to search through a patent. If in case there is a foreign patent then you would require patent translations. Technology transfer to India is definitely a very cumbersome process. So, the Patentability Search as well as the patent translations is required to be outsourced to a good patent filing agent who are capable of providing an efficient and effective patent prosecution service to the patent owner.

It would be important to choose a team of dedicated staff with high level of knowledge in appropriate subject. A high level patent filing agent will be able to understand your requirements and then he will be dividing your needs into the relevant components. Basically, the agents analyze patents that would be based on components of interest and offer you a quick and easy way to follow the format that assists you to make significant decisions.

Based on the kinds of analysis needed, the patent filing agents make estimates and ask for confirmation on whether to analyze all the claims or the independent claims or complete specifications of patents. Whether it’s about new product development or product commercialization, redirecting or initiating your development and research or facing any infringement threats or saving from the infringement accusations or tracking the tendency of a technological process or even filling a significant patent filing, the patent analysis can assist you in many critical steps in your business process. In short, the patent analysis basically acts as.

More Information about Post Grant Patent @

TT Conbsultant - About Author:
TT Consultants provide Patent Litigation Support, Patent Prosecution Support, Licensing Support, Patent Portfolio Management and other IP related services to leading patent law firms, attorneys, inventors, companies and intellectual property owners in US, India, Canada, Taiwan and Japan.

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