What Goes On After You File a Patent Application? A General Overview of the Patenting Process. When you file a patent application, the first correspondence you will receive from the Inventor Information and Trademark Office will most likely be a kind of acknowledgement of the receipt of the application. If you filed your application online, you will receive an electronic acceptance. If you filed your application by mail, you will receive an acknowledgement either by means of a stamp on a postcard you included (if you included one) or a filing receipt.
All of these forms of acknowledgement will typically list your filing date, your title of your own invention, and your application serial number, assuming you met the requirements to get a filing date. There are situations if the USPTO will refuse to grant a serial number and a filing date, which are not discussed in the following paragraphs. In case you have met the minimum requirements to get a filing date however you missed some of the other requirements which do not affect your eligibility to get a filing date, the usa Patent and Trademark Office may provide you with a Notice to File Missing Parts and give you three months to provide the missing parts. For example, should you neglected to include a declaration of inventorship or a compliant set of drawings, you have to supply the missing parts in the given deadline. Otherwise, your application is going to be abandoned.
The application is going to be assigned to a skill unit based on the category your invention is classified as well as an examiner in that art unit. Depending on how busy that art unit is, it may take about 2 to 3 years before you hear again from an examiner. Generally, your filing fee is simply great for one set of invention to be examined from the USPTO. In the event the examiner finds multiple inventions being claimed, the examiner may provide you with a restriction requirement. The examiner will group your claims within the restriction requirement, and you also must elect one group that you would like the USPTO to examine no matter whether or not you object towards the Invention Idea Help. You can pursue the non-elected teams of claims in a divisional application, which can be filed at another time.
When the examiner reviews your application for patentability, the examiner’s decision is normally reported on the correspondence referred to as an “office action.” Generally, you may have 90 days to answer an office action. You can extend this deadline by 90 days thereby allowing you a total of six months to respond, but you have to submit extension fees together with your response. An office action may indicate that the claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 to be indefinite. This usually implies that there is an ambiguity in the manner the invention is claimed, which can typically be fixed by amending or revising the language of the claims. Claims may additionally be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 to be obvious in light of a prior art or a combination of multiple prior art references. These rejections can typically be responded to by pointing out a minumum of one distinction in between the invention and prior art. In the event the distinction is not really within the claimed invention, then the claims may have to be revised or amended.
The application undergoes another round of examination. The examiner may issue a final rejection or permit the claims. Yet again, you may have 90 days to answer an office action. You can extend this deadline by 90 days thereby allowing you a total of six months to respond, but you have to submit extension fees together with your response. You may try to submit a response early enough to have an advisory opinion whether your response would overcome the rejection. Other ways of answering a final rejection may include filing a ask for continued examination or filing an appeal. A telephonic interview with all the examiner may become a very practical and useful method of rkplig rejections sometimes.
Once you have overcome the rejections, a notice of allowance is usually issued. You may then be provided a deadline to pay the problem fee. When the issue fee pays, you might be granted a patented, and How To Patent An Invention is going to be mailed to you. For utility patents, you have to pay maintenance fees at 3.5, 7.5, and 11.five-years right after the issuance of the patent. There are no maintenance fees for design patents.