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Lu Yin Explains in Law360 Article Why Delaying Patent Prosecution Can Offer Strategic Benefits


Lu Yin, a partner in the Quarles & Brady Intellectual Property Practice Group, wrote an article for Law360 about the reasons extending the timetable for patent prosecution can be advantageous, especially for technology companies and startups facing other financial challenges.

In his article, Yin covered some of the ways the U.S. Patent and Trademark Office (USPTO) accommodates such delays, as well as the benefits, which can range from financial considerations and strategic timing to easing administrative hurdles and aligning with international filings.

An excerpt:

By strategically capitalizing on the extended window offered by deferred prosecution, companies are better positioned to make decisions that are not only informed but also economically sound. This foresight can lead to substantial savings, circumventing both immediate prosecution charges and substantial maintenance fees later.

Moreover, the notion of slowing down patent prosecution is equally about enhancing patent quality; it is not just about cost-saving. With the additional time, applicants can fine-tune claims based on evolving market trends or even potential infringing products. In essence, while deferring may come with immediate costs, the potential long-term returns, both financially and strategically, can be invaluable.

Slowing down the examination of a new application using a deferral of examination request is straightforward, involving minimal hassle and cost. The suspension of the examination process commences on the day the office approves the request for deferral.

Once this deferral is granted, the application remains on hold and will not be reviewed or acted upon by the examiner until the specified suspension period has concluded.



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