Research in now day is a symbol of up-coming success of an
invention. For every researcher it is necessary to submit patent application
before concluding any invention. But before that, researchers should know what
makes up a patent file history.
Patent file history is a record of any inventor or researcher that an institute
of state that is independent keeps. In United States of America, United States
Patent and Trademark Office (USPTO) holds such records. However, it is better
to know what makes up a patent? A patent is a document representing a set of
scholarly possession of an inventor in which restricted rights are given to an
inventor for public disclosure of that invention by United States Patent and
Trademark Office in United States. Patent file wrapper is also known as patent
file history.
Usually the inventor and his attorney create a patent
application to get a patent for an invention and submit it to patent office.
This application is being forwarded to patent executive that usually holds
knowledge, experience and training relevant to the subject matter of that
invention. This service is available on first come first serve basis. The
patent executive’s are usually engineers, scientists and research experts in
their filed but not lawyers. In United States, these applications are submitted
to United States Patent and Trademark Office.
“Prosecution” is the process of examining a patent
application by patent executive to make sure that all the requirements of a
patent application are fulfilled. In this case, two things are focused; first
that the procedure of an invention is written in black and white with graphical
representation so that it can be understandable and replicated by others after
the patent expires and hinders the knowledge of “prior art”. Prior art
comprises of prior patents (those that are issued in United States or abroad)
and published anywhere in the world.
The last process involves search for the previous existence
for data identical to the patent application examined by patent executive. For
this purpose, patent executive use cyber databases available at United States
Patent and Trademark Office that is complied and categorized by subject matter
in large quantity. All these steps taken are meant to ensure uniqueness and
novelty in the patent application.
After that, “Office action” is sent to inventor or his/her
representatives as a resultant product after conducting primary inspection and
search of prior art by patent executive at United States Patent and Trademark
Office. The patent executive can object or reject the patent application if
demands for patent are not met. And if they are satisfied they can approve it.
In case of objection or rejection, the applicant is given an opportunity to
deliver his/her concern and apply again for another patent. The United States
Patent and Trademark Office keep the record of inventor’s previous patent
applications and the new patent application making a patent file history
and this whole set of communication is called prosecution.
