Patent Prosecution

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Patent prosecution turns your inventions into enforceable rights, and our engineer-trained attorneys draft strong claims and work them through the USPTO and foreign offices to secure protection that matches your competitive goals.

Patent prosecution is where a good idea becomes an enforceable right, and it takes both the technical chops to describe an invention accurately and the legal judgment to claim it well. We come from software engineering backgrounds, so we can actually understand what your inventors built before we draft a single claim. We prosecute patent applications before the USPTO and coordinate foreign filings to win protection that serves your business, not just a certificate to frame.

Invention Capture And Evaluation

Good prosecution starts before drafting, with a clear picture of what the invention is and what protection it actually needs. We run disclosure sessions that pull the real technical detail out of your inventors, then assess patentability against prior art, subject matter eligibility, and achievable claim scope. We also weigh the business angle: how significant the invention is competitively and how it fits your portfolio. That up-front evaluation points prosecution dollars at the inventions where they will return the most.

Drafting Claims That Earn Their Scope

Your application has to satisfy the legal requirements and still cover something commercially worth owning. The specification must enable a skilled practitioner to make and use the invention and provide written description support for what you claim. The claims are where the real work lives: too narrow and they miss meaningful market scope, too broad and they fail allowance or invalidate later. We draft to position the application well for examination while preserving room for continuation practice down the road.

Office Action Responses

Most applications draw rejections before they reach allowance, and how you answer them decides what you walk away with. Office actions hit prior art under anticipation or obviousness, enablement and written description, subject matter eligibility under Alice, and indefiniteness. We respond with targeted claim amendments, arguments that distinguish the cited art, supporting declarations, and examiner interviews when a conversation moves things faster. The goal throughout is meaningful claims without burning unnecessary time and cost in the back-and-forth.

Continuations And Design Patents

Prosecution is rarely one application; it is the ongoing build of a protective family. Continuations claim priority while pursuing new or modified claims, continuations-in-part add new matter, and divisionals handle restriction requirements, all of which let you extend coverage to variations and improvements as your products evolve. We also prosecute design patents, which protect the ornamental appearance of products and interfaces through drawings rather than text, as part of a coordinated protection strategy.

Post-Grant And International Filing

After a patent issues, reissue can correct defects or broaden claims within two years, and reexamination or supplemental examination can shore up validity. For global coverage, the Patent Cooperation Treaty lets a single filing preserve priority across member countries, with national phase entry and European Patent Office prosecution following under local law. We coordinate international prosecution and handle USPTO appeals, petitions, and other proceedings to keep your patents strong everywhere they matter.

Frequently asked questions

Plan on 2-3 years from filing to issuance at the USPTO. If you need it faster, Track One prioritized examination can get you to a decision in under 12 months for an additional government fee.

The specification has to describe your invention clearly and in enough detail that someone in the field could build it. The claims then need to be broad enough to actually stop competitors but narrow enough to survive prior art. Getting that balance right is most of the work.

A provisional is a good move when you want to lock in an early priority date, spread out costs, or buy time while the full application comes together. It gives you 12 months to file the non-provisional, and that clock does not extend, so use the year.

An office action is normal and usually not the end. You respond by amending the claims, arguing against the rejection, or both, and the right move depends on the type of rejection and how much claim scope you want to keep. We work through each ground point by point.

It depends on where you make, sell, or expect competition. There is no global patent, so you file country by country, but a PCT application lets you keep most of those options open while deferring the per-country costs and decisions for up to about 30 months from priority.

A continuation lets you pursue additional claims from an application that is still pending, using the same original disclosure. It is a way to keep building protection as your product and the market evolve, so you can cover angles you did not claim the first time around.

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