What Happens After You File a Patent Application? A General Breakdown of the Patenting Process. When you file a patent application, the very first correspondence you may receive from the Invention Ideas Website and Trademark Office will probably be a form of acknowledgement of the receipt of the application. If you filed your application online, you may get an electronic acknowledgement. If you filed your application by mail, you may get an acknowledgement either by means of a stamp on a postcard you included (if you included one) or a filing receipt.
All these kinds of acknowledgement will typically list your filing date, your title of your own invention, and your application serial number, assuming you met certain requirements to acquire a filing date. You can find situations once the USPTO will refuse to grant a serial number and a filing date, that are not discussed in the following paragraphs. For those who 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 united states 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 instance, if you failed to include a declaration of inventorship or a compliant set of drawings, you must provide you with the missing parts inside the given deadline. Otherwise, your application will likely be abandoned.
Your application will likely be assigned to a skill unit based on the category your invention is classified as well as being an examiner in this art unit. Depending on how busy that art unit is, it may take about 2 to three years before you hear again from an examiner. Generally, your filing fee is only great for one set of invention to get examined through the USPTO. If the examiner finds multiple inventions being claimed, the examiner may provide you with a restriction requirement. The examiner will group your claims in the restriction requirement, and you must elect one group that you want the USPTO to examine whether or not or otherwise not you object towards the New Ideas For Inventions. You can pursue the non-elected teams of claims in a divisional application, which can be filed at a later time.
Once the examiner reviews your application for patentability, the examiner’s decision is normally reported over a correspondence called an “office action.” Generally, you may have three months to answer an office action. You can extend this deadline by three months thereby allowing you an overall of 6 months to react, but you must submit extension fees with your response. A business office action may indicate that this 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 how the invention is claimed, which can typically be fixed by amending or revising the language in the claims. Claims may additionally 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 combination 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. If the distinction is not in the claimed invention, then the claims may must be revised or amended.
The application form goes through another round of examination. The examiner may issue your final rejection or allow the claims. Once again, you may have three months to answer an office action. You can extend this deadline by three months thereby allowing you an overall of 6 months to react, but you must submit extension fees with your response. You may make an effort to submit a response early enough to have an advisory opinion as to if your response would overcome the rejection. Different ways of answering your final rejection may include filing a request for continued examination or filing an appeal. A telephonic interview with all the examiner may be a very practical and useful method of rkplig rejections sometimes.
After you have overcome the rejections, a notice of allowance is usually issued. You will then get a deadline to pay for the matter fee. Once the issue fee pays, you are granted a patented, and Inventhelp Intromark will likely be mailed for you. For utility patents, you must pay maintenance fees at 3.5, 7.5, and 11.5 years right after the issuance in the patent. You can find no maintenance fees for design patents.