What does “prosecution history” refer to?

Prosecution history specifically refers to the documentation of all communications and decisions between the United States Patent and Trademark Office (USPTO) and the patent applicant throughout the application process. This history includes various documents such as the initial application, responses to office actions, amendments made to the application, and any other correspondence that occurs during the examination of a patent application.

Understanding prosecution history is crucial because it can be used to interpret the scope and meaning of the claims in issued patents. Courts often look to prosecution history during litigation to determine what the applicant intended by particular claim language, especially if there are disputes over the patent's validity or infringement.

The other options do not capture the essence of prosecution history. While the record of patent infringement cases is important for understanding a patent's enforceability, it does not relate to the application process itself. The history of maintenance fees pertains to the ongoing costs associated with keeping a patent in force, which is separate from the initial application stage. Lastly, the chronological order of patent applications is too broad and does not encompass the specific interactions and documents produced during the patent examination process that define prosecution history.