What Happens When You File a Patent Application? A General Breakdown of the Patenting Process. When you file How To Submit A Patent, the first correspondence you will receive from the US Patent and Trademark Office will most likely be a type of acknowledgement of the receipt of your application. If you filed your application online, you will get an electronic acknowledgement. If you filed your application by mail, you will receive an acknowledgement either in the form 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 the invention, as well as your application serial number, assuming you met the requirements to get a filing date. You will find situations once the USPTO will refuse to grant a serial number as well as a filing date, that are not discussed in this article. For those who have met the minimum requirements to obtain a filing date however, you missed a few 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 provide you with three months to supply the missing parts. For example, in the event you neglected to include a declaration of inventorship or a compliant list of drawings, you have to supply the missing parts in the given deadline. Otherwise, the application will likely be abandoned.
Your application will likely be allotted to a skill 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 might take about 2 to 3 years prior to deciding to hear again from an examiner. Generally, your filing fee is simply good for one list of invention to become examined through the USPTO. When the examiner finds multiple inventions being claimed, the examiner may send you a restriction requirement. The examiner will group your claims in 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 for the restriction requirement. It is possible to pursue the non-elected teams of claims in a divisional application, which is often filed at another time.
Once the examiner reviews the application for patentability, the examiner’s decision is usually reported on How To File A Patent to as being an “office action.” Generally, you might have three months to answer a workplace action. You are able to extend this deadline by 3 months thereby allowing you a total of half a year to react, but you need to submit extension fees along with your response. An office action may indicate the claims are generally rejected or allowed.
Claims could be rejected under 35 USC 112 as being indefinite. This usually means that it comes with an ambiguity in how the invention is claimed, which can typically be fixed by amending or revising the language from the claims. Claims can 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 mixture of multiple prior art references. These rejections can typically be responded to by pointing out at least one distinction between the invention and prior art. When the distinction will not be inside the claimed invention, then the claims might need to be revised or amended.
The applying goes through another round of examination. The examiner may issue your final rejection or enable the claims. Once again, you have 90 days to respond to a business office action. You can extend this deadline by three months thereby enabling you an overall of six months to respond, but you need to submit extension fees together with your response. You might try to submit a response early enough to get an advisory opinion as to whether your response would overcome the rejection. Different ways of addressing one final rejection might include filing a request continued examination or filing an appeal. A telephonic interview with the examiner may be a very practical and zcrymb strategy to overcoming rejections in some cases.
When you have overcome the rejections, a notice of allowance is typically issued. You are going to then be given a deadline to cover the matter fee. When the issue fee pays, you are granted a patented, and Inventhelp Office will likely be mailed to you personally. For patents, you need 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.