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What is prosecution history?

BananaIP Counsels > What is prosecution history?

What is prosecution history?

During the prosecution of the patent application the examiner, more often than not, rejects the claims based on prior arts. In response to such a rejection, applicant may rebut/traverse the examiner’s rejection by setting forth certain arguments providing reasons as to why the claimed invention is patentable over the prior art and why the rejection should be withdrawn. Further, the applicant, in addition to the arguments, may make amendments to the claims in order to better define the claimed invention. nnThe above process of rejection of claims by the examiner and a response to the rejection by the applicant in the form of amendments and arguments continues until the invention in the patent application is considered to be patent worthy by the patent office and a patent is granted. The afore-mentioned process of exchange of such information which is material for determining the patentability of the alleged invention creates a prosecution history for that application. n

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