As explained by the authors, Jeffrey S. Bergman and Jonathan P. Osha, who together have a combined 30 years as patent practitioners, a “bulletproof” patent is one that does not require litigation because it is written understandably, is clear in scope, and is cleanly prosecuted. If nonetheless it is challenged, a “bulletproof” patent would withstand the rigors of litigation as well as any post-grant procedures in the U.S. or abroad. With these goals in mind, the authors sought to provide a guide that is readable, practical and useful. They presented the subject matter in the order in which the patent process takes place, beginning with drafting an application, followed by prosecution and finally by post-grant considerations. The guide provides suggestions, best practices and hypothetical scenarios.
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