Insights: News Is It Worth It? How Game Theory Should Guide Patent Prosecution Decisions

American Bar Association

Written by Kate Gaudry and Sameer Vadera

A primary responsibility of prosecutors and patent counsel is to allocate fixed patent budgets and identify low-level strategies. Should a patent application be filed in an attempt to protect an innovation? Should an amendment or appeal be filed in response to a given rejection? For how long should prosecution be allowed to continue before an application is abandoned? Answering these questions effectively can allow an applicant to secure valuable patent protection efficiently, while prudently controlling costs.

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