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

By Kate S. Gaudry and Sameer Vadera

Published in Landslide Vol. 11 No.2, ©2018 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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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