How is patent prosecution distinct from patent litigation?

Vietnam Patent

Patent prosecution happens when you (as an inventor), your patent attorney, and the examiner at a patent office are engaged in the process of getting a patent granted on your intellectual property.

Main steps that are part of the patent prosecution process include:

a) Preparation and filing of a patent application with or without the help of a patent attorney.

b) A patent office examiner responding to your filings and taking an office action which may include legal arguments and reasons for rejecting or accepting your claims and arguments.

c) You or your patent attorney responding to an office action using sound legal arguments and providing supporting facts in your favor.

d) Patent office granting you a patent if everything goes well, and, thereby, granting you rights as an inventor and giving your a monopoly on the use of your patent’s methods for a fixed number of years.

Patent litigation is a totally different beast. It happens only when you discover that somebody (generally a corporation) is infringing upon your patent’s rights and you take some concrete actions in order to stop infringement.

Inventors are granted a monopoly power by the patent office on their intellectual property in a known jurisdiction (e.g., US). Inventors are free to negotiate and charge any licensing fees from others who want to use their intellectual property.

If somebody is using your invention without having any licensing rights from you to use your invention, they are infringing upon your patent. Patent litigation is a highly technical process because you (as an inventor) have to create detailed claim charts (Claim Chart: Everything You Need to Know) to prove infringement. It is a lengthy legal process that is also highly expensive.