Last edited 3 months ago
by WikiSysop

Patent prosecution procedure

HIER STEHT GANZ OBEN ETWAS
"8.2 Requirements for Products and Services" is not in the list (1 Scope, 2 Normative references, 3 Terms and definitions, 4 Context of the organization, 4.1 Understanding the organization and its context, 4.2 Understanding the needs and expectations of interested parties, 4.3 Determining the scope of the quality management system, 4.4 Quality management system and its processes, 5 Leadership, 5.1 Leadership and commitment, ...) of allowed values for the "ISO9001" property.
Document control
Document type: Core process
Document number: P-SP-1
Process owner: Emma Røgeberg
Scope:
Affected roles:
Work instructions:
Valid: Not valid
Standards:
Audit date:
Approval: not approved
Page status: First draft


Purpose / goals

The goal of this process is to ensure a structured, legally compliant, and efficient process for preparing and filing patent applications.

Purpose:

  • Uniform approach to processing patent preliminary inquiries.
  • Minimization of errors and risks prior to patent filing.
  • Optimization of client consulting and documentation.
  • Increasing the success rate of patent applications.

Process steps

Step Description
1. Client Inquiry Initial contact by the client with an idea or invention.
2. Initial Consultation Examination of protectability, explanation of the patent process, clarification of expectations.
3. Research Phase Conducting a prior art search (patent search, literature, market analysis).
4. Assessment of Patentability Legal and technical assessment of the prospects of success.
5. Strategic Consulting Decision on patent, utility model, or other intellectual property rights.
6. Draft of the Patent Application Preparation of the technical description, claims, and drawings.
7. Coordination with Client Consultation on the final version, clarification of any outstanding issues.
8. Submission to the Patent Office Formal submission of the application, priority application if applicable.
9. Documentation and Archiving Storage of all relevant documents in the firm's system.
10. Follow-up Monitoring of deadlines, communication with the Patent Office, preparation for examination procedures.

Performance indicators

  • Turnaround time from initial contact to filing (in days)
  • Number of successfully filed patent applications per quarter
  • Rate of positive feedback from the patent office (e.g., without objections)
  • Client satisfaction (e.g., via feedback forms)
  • Error rate in formal submissions (e.g., returns due to formal errors)

Risks

  • Insufficient research → risk of rejection due to existing intellectual property rights.
  • Lack of or unclear communication with clients → misunderstandings about the scope of protection.
  • Formal errors during filing → delays or rejection.
  • Failure to meet deadlines → loss of priority rights or protection options.
  • Technical description inaccurate or incomplete → weakening of the scope of protection.