What Will Happen After You File a Patent Application? A Broad Overview of the Patenting Process. When you file Getting A Patent, the first correspondence you will receive from the US Patent and Trademark Office will likely be a kind of acknowledgement of the receipt of your application. If you filed the application online, you will get an electronic acknowledgement. If you filed your application by mail, you will get an acknowledgement either by means of a stamp on a postcard you included (if you included one) or perhaps a filing receipt.
Each one of these types of acknowledgement will typically list your filing date, your title of the invention, along with your application serial number, assuming you met the requirements to get a filing date. There are situations once the USPTO will refuse to grant a serial number and a filing date, which can be not discussed in this post. For those who have met the minimum requirements to acquire a filing date but you missed a few of the other requirements that do not affect your eligibility to acquire a filing date, the US Patent and Trademark Office may give you a Notice to submit Missing Parts and provide you with 90 days to offer the missing parts. As an example, if you neglected to include a declaration of inventorship or perhaps a compliant set of drawings, you must provide the missing parts in the given deadline. Otherwise, the application will be abandoned.
Your application is going to be assigned to a form of art unit based on the category your invention is classified as well as an examiner in this art unit. Depending on how busy that art unit is, it could take about 2 to three years before you hear again from an examiner. Generally, your filing fee is simply good for one list of invention to get examined through the USPTO. In the event the examiner finds multiple inventions being claimed, the examiner may send you a restriction requirement. The examiner will group your claims within the restriction requirement, and you also must elect one group that you might want the USPTO to check whether or not or not you object to the restriction requirement. You can pursue the non-elected groups of claims in a divisional application, which can be filed later.
After the examiner reviews your application for patentability, the examiner’s decision is generally reported on Inventhelp Inventions to being an “office action.” Generally, you may have three months to answer a business office action. It is possible to extend this deadline by three months thereby enabling you an overall total of six months to respond, but you must submit extension fees together with your response. An office action may indicate that the claims are generally rejected or allowed.
Claims may be rejected under 35 USC 112 as being indefinite. This usually signifies that it comes with an ambiguity in how the invention is claimed, which could typically be fixed by amending or revising the language of the claims. Claims can be rejected under 35 USC 102 for being anticipated by prior art, or under 35 USC 103 as being obvious considering a prior art or a mix of multiple prior art references. These rejections can typically be responded to by pointing out one or more distinction in between the invention and prior art. In the event the distinction will not be within the claimed invention, then your claims may need to be revised or amended.
The application goes through another round of examination. The examiner may issue one final rejection or permit the claims. Yet again, you have three months to respond to a business office action. It is possible to extend this deadline by three months thereby enabling you an overall of six months to respond, but you must submit extension fees with your response. You could make an effort to submit a response early enough to have an advisory opinion as to if your response would overcome the rejection. Other ways of addressing a final rejection might include filing a ask for continued examination or filing an appeal. A telephonic interview with the examiner might be a very practical and zcrymb strategy to overcoming rejections sometimes.
After you have overcome the rejections, a notice of allowance is normally issued. You may then be provided a deadline to pay for the problem fee. After the issue fee pays, you happen to be granted a patented, and Invent Help Tech will be mailed to you personally. For patents, you need to pay maintenance fees at 3.5, 7.5, and 11.5 years right after the issuance in the patent. You will find no maintenance fees for design patents.