Application processing (aka “prosecution”)

The phrase “copyright prosecution” refers to the various communications and processes that are conducted between the U.S. Copyright Office and the copyright attorney in reviewing the application on the merits and in determining whether and under what circumstances the copyright application will be allowed to issue.

Typically, three to six months after the copyright application has been filed, the U.S. Copyright Office will conduct an examination of the registration application to determine if it believes a copyright registration should issue on the application as filed.  If the Examiner identifies problems with the application, he or she will issue a rejection of the application, citing the reasons for the rejection.  Otherwise, he or she will issue the case.

Initial rejections are commonplace; however, it is also the case that many applications are allowed immediately and proceed directly to registration.  In those cases in which there is an initial rejection, it is very often the case that the applicant and his or her copyright attorney can tender arguments to the Examiner or perhaps make changes to the application initially presented and secure agreement by the Examiner to issue the case.