What Happens After You File a Patent Application? A General Breakdown of the Patenting Process. When you file a patent application, the 1st correspondence you may receive from the How To Patent and Trademark Office will most likely be a kind of acknowledgement of the receipt of the application. If you filed the application online, you may get an electronic acceptance. If you filed the application by mail, you may get an acknowledgement either by means of a stamp on a postcard you included (if you included one) or even a filing receipt.
All of these forms of acknowledgement will typically list your filing date, your title of the invention, along with your application serial number, assuming you met the prerequisites to acquire a filing date. You can find situations when the USPTO will refuse to grant a serial number along with a filing date, which are not discussed in this post. In case you have met the minimum requirements to acquire a filing date however you missed some of the other requirements which do not affect your eligibility to acquire a filing date, the usa Patent and Trademark Office may give you a Notice to File Missing Parts and provide you with 3 months to provide the missing parts. As an example, in the event you failed to incorporate a declaration of inventorship or even a compliant set of drawings, you have to provide you with the missing parts in the given deadline. Otherwise, the application will likely be abandoned.
The application will likely be allotted to an art unit based on the category your invention is classified as well as an examiner because art unit. Depending on how busy that art unit is, it may take a couple of to three years before you hear again from an examiner. Generally, your filing fee is just good for one set of invention to get examined from the USPTO. In the event the examiner finds multiple inventions being claimed, the examiner may give you a restriction requirement. The examiner will group your claims inside the restriction requirement, and also you must elect one group that you want the USPTO to examine regardless of whether or otherwise you object to the How To Patent Ideas. You can pursue the non-elected groups of claims in a divisional application, which can be filed at a later time.
When the examiner reviews the application for patentability, the examiner’s decision is usually reported over a correspondence referred to as an “office action.” Generally, you might have three months to answer a business office action. You can extend this deadline by three months thereby enabling you an overall of 6 months to respond, but you have to submit extension fees along with your response. A workplace action may indicate that this claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 to be indefinite. This usually signifies that there is an ambiguity in how the invention is claimed, which can typically be fixed by amending or revising the language of the claims. Claims may also be rejected under 35 USC 102 as being anticipated by prior art, or under 35 USC 103 as being obvious in light of the prior art or a mix 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. In the event the distinction will not be inside the claimed invention, then the claims may have to be revised or amended.
The application form goes through another round of examination. The examiner may issue a final rejection or permit the claims. Once again, you might have three months to answer a business office action. You can extend this deadline by three months thereby enabling you an overall of 6 months to respond, but you have to submit extension fees along with your response. You may make an effort to submit a response early enough to have an advisory opinion as to whether your response would overcome the rejection. Different ways of responding to a final rejection may include filing a request for continued examination or filing an appeal. A telephonic interview using the examiner may become a very practical and useful approach to rkplig rejections sometimes.
When you have overcome the rejections, a notice of allowance is typically issued. You will then be given a deadline to cover the problem fee. When the issue fee is paid, you might be granted a patented, and Prototype Inventhelp will likely be mailed for 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. You can find no maintenance fees for design patents.