Prosecuting a patent is a notoriously difficult and complex process. Even well-established businesses may struggle to manage patent prosecution, and small mistakes can translate to major delays. Companies seeking patents typically want to complete the process as quickly as possible, only to end up frustrated by processing delays.
It is common practice for companies to work with specialized outside counsel when seeking to prosecute patents, enforce existing patents or manage patent renewal paperwork. This allows them to streamline the process.
Frequently, initial patent applications end up in limbo for months. The delays involved in patent prosecution can be very frustrating for organizations seeking to protect ideas and move forward with new products or production practices. Recent changes in federal policy could theoretically impact the length of time required to prosecute a patent.
The patent backlog has become a priority
The appointment of new officials to key federal roles can affect many aspects of business operations, including intellectual property protections. Federal professionals overseeing commerce-related matters, including the United States Patent and Trademark Office (USPTO), often have to adjust their priorities based on current federal policies.
New officials recently sworn in have indicated that clearing the extensive patent application backlog is currently a major priority. There are already steps underway to help achieve that goal. Professionals working for the USPTO recently received internal communication indicating that there is a need for them to return to the office in many cases.
There are exceptions for those who work from home as a means of accommodating a medical condition or as a result of collective bargaining. Still, thousands of remote workers helping to examine and otherwise process patent applications may soon need to return to the office in person.
That transition is likely to cause temporary challenges as some workers may be unable to acquiesce to the order. A temporary shortage of staff could result in continued patent processing delays. However, return-to-office mandates could theoretically help achieve the goal of tackling the massive patent backlog at the USPTO.
Organizations that secure outside support during patent prosecution may not have to worry as much about the impact of changing government policies. They can rely on the professionals overseeing the process to optimize their patent prosecution. Securing support while navigating the patent prosecution process may allow leaders at competitive organizations to protect their intellectual property while focusing on what they do best.