What is a File Wrapper?
Legal Definition of file wrapper
: a written record in a patent office of the application and negotiations for a patent preceding the issuance of the patent
https://www.merriam-webster.com/legal/file%20wrapper
To explain it further this is the communication between the applicant and the patent office and examiner. These could include things like amended claims, litigation cases, citation requests all to do with the patent you are looking at.
Why is the File Wrapper important?
The file wrapper provides a timeline of events of the patent application to grant. The reason this is important is because it provides the reader with a step by step look at the application of the patent, from the beginning to the end where the patent is eventually granted or rejected.
With each step, the examiner must explain every challenge they make and requires the applicant to explain each point whether it is a lack of citations, or a weak or broad claim.
The file wrapper will also include the reason for rejection by the examiner which can be very useful for companies looking to file in the same area of technology.
To summarize, here provided is a small list of things you could learn from the File Wrapper;
-Learning about the Examiner
-Litigation Cases
-Understanding the patent process of a particular Technology area
-Finding important prior arts
-Understanding why a patent was rejected
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