Patent file history or patent file wrapper is a term that refers to intellectual
possessions of an inventor. It consists of specific rights that are given by an
independent institute to inventor or whom the invention is assigned for public
disclosure of an invention for specific time duration. In this case, the
communication among independent institute or United States Patent and Trademark
Office in United States with patent representative (usually an attorney) or an
agent of inventor in documented form is called patent file history.
The process involved in creating a patent file history
involves many steps. First, the inventor creates a patent application along
with his/her attorney and submits it to patent office. In United States, the application is
submitted to the office of United States Patent and Trademark Office (U S P T O). Second, the application is entertained on
first come first serve basis by patent officer who has knowledge, training and
experience related to subject matter of invention. They are scientists, engineers
or scholars and not surprisingly lawyers.
Third, the patent officer examines the patent application to
ensure all the pre-requisites of the application are met and this process is
called “prosecution”. Fourth, the examination is done on two grounds i.e.
whether the invention is explained in a step-by-step manner through
documentation and graphical representation to make sure that the invention is
understood and implemented by others after the patent expires, and blocked the
knowledge of the “prior art” .
Finally, to wind up this process, the patent officer will
look for already available prior art or patent to ensure uniqueness of content.
To conduct that action, the patent officer looks into computerized databases
available at United
States Patent and Trademark Office relevant to invention to ensure its claim of
uniqueness and novelty in the patent application.
“Office action” is issued after the termination of above
processes stating the termination of this process in the form of document. The
document states the declaration of patent application as rejected/objection on
any ground that is not parallel to patent laws or at other times acceptable.
The document is sent to the inventor or his/her attorney after the issue of
office action and the inventor is given an opportunity to object on any of the
point that makes the application rejected.
This whole process is known as prosecution and its record is
held by United States
Patent and Trademark Office. This record
is said to be Patent file history.
