Patent application

A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification[notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office.[3]

To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification.

The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent office with regard to a patent after its grant, is known as patent prosecution. Patent prosecution is distinct from patent litigation which relates to legal proceedings for infringement of a patent after it is granted.

  1. ^ See for example MPEP 608 "...since each of these sections (specification, abstract, claims, sequence listings) of the disclosure are separately indexed..."
  2. ^ See for example Rule 73(1)(first sentence) EPC: "The specification of the European patent shall include the description, the claims and any drawings."
  3. ^ Cite error: The named reference Oxonica43 was invoked but never defined (see the help page).


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