Patent applications are drafted by a patent attorney or a patent agent (a non-attorney with a science education licensed to practice). They will ask the inventor(s) to aid them in drafting and review the application before it is filed. Most TTO patent applications are filed first, which establishes an international 'priority date'; this priority date is a critical period to add value to the patent, adding the necessary improvements and claims to the original drafting. In this process it is fundamental the scientist’s implication in all the process. Then, after 12 months, international protection is sought via the Patent Co-operation Treaty (PCT). This enables filing of a single patent application to establish protection in a range of countries. It simplifies international patent filing and prosecution, and defers costs. Over one hundred countries have signed the PCT, and these can all be designated in one patent application. In addition, TTO may file a separate US patent application to protect better this important market. The maximum life of a patent in most countries of the world is 20 years from the initial filing date. Further protection can sometimes be achieved for some products in some markets.
In about one to two years after the PCT filing, the prosecuting patent attorney will receive a written communication, called an Office Action, from the patent office. The Prosecuting Patent Attorney will draft a response to the Office Action. This begins the negotiation process that is at the core of patent prosecution. This process, which can last several years, will end with either the final rejection of the application or its allowance and subsequent issuance of the patent. During this process, input from the inventor(s) is needed to confirm the patent attorney’s understanding of the technical aspects of the invention and/or the prior art cited against the application.
EU Patent Filing Procedure Timescale:
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