Top Mistakes in Patent Prosecution: A Litigator’s View

10/13/2009 Articles

Published by IP Law & Business

The lives of patent prosecutors are not easy.  They toil away on difficult, rather esoteric matters to achieve a singular goal:  the issuance of patents for inventions of critical importance.  One would hope that after they reach the holy grail of an issued patent, prosecutors could rest on their laurels.

Regrettably, that is not always the case.  Often, the patents that prosecutors work so hard to obtain become the centerpieces of highly charged, take-no-prisoners litigation, during which the prosecutors' prized patents get scrutinized, criticized, ripped apart, attacked, deconstructed, ridiculed, torched - and worse.  While prosecutors and litigators typically have no more in common than cats and dogs, they can nevertheless learn from one another.