Professor Demchick's Blackboard

Dr. Demchick has been a college and university faculty member for many years. On these Blackboard Pages he does a little teaching. These pages are intended as general, introductory information. Compromises were made between including details in these pages and keeping the pages readable for a general audience. These pages are not intended as legal or other professional advice.

---

"PROSECUTION" IN THE PATENT SENSE OF THE WORD

"Prosecution" is a term that is frequently used by patent professionals. The problem is that we use the term differently than its common usage. The word "prosecution" is commonly used to refer to the opposition to the defendant in a criminal trial. More generally, the word "prosecution" means to move ahead. We see it used that way in the phase "prosecuting a war." In patents it refers to the actions taken by the applicant or the applicant’s representative (e.g., patent agent) to move an application along through the process of seeking patent protection. This includes such things as replying to the "office actions" of the patent office.