What Will Happen After You File a Patent Application? A General Summary of the Patenting Process. When you file a patent application, the 1st correspondence you will receive from the What Is A Patent and Trademark Office will probably be a kind of acknowledgement of the receipt of the application. If you filed the application online, you will receive an electronic acknowledgement. If you filed the application by mail, you will receive an acknowledgement either as a stamp on a postcard you included (if you included one) or a filing receipt.
All these types of acknowledgement will typically list your filing date, your title of your invention, and your application serial number, assuming you met the requirements to get a filing date. You will find situations if the USPTO will refuse to grant a serial number and a filing date, which are not discussed in this article. If you have met the minimum requirements to get a filing date but you missed a few of the other requirements that do not affect your eligibility to get a filing date, the US 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, if you did not incorporate a declaration of inventorship or a compliant set of drawings, you must provide you with the missing parts inside the given deadline. Otherwise, the application is going to be abandoned.
Your application is going to be allotted to a skill unit based on the category your invention is classified as well being an examiner in this art unit. For the way 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 simply beneficial to one set of invention to become 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 might want the USPTO to look at regardless of whether or otherwise you object to the Inventhelp Linkedin. You can pursue the non-elected groups of claims in a divisional application, which can be filed at another time.
Once the examiner reviews the application for patentability, the examiner’s decision is normally reported on a correspondence referred to as an “office action.” Generally, you might have 90 days to respond to an office action. You can extend this deadline by 90 days thereby allowing you an overall of 6 months to respond, but you must submit extension fees with your response. An office action may indicate the claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 for being indefinite. This usually signifies that it comes with an ambiguity in the way the invention is claimed, which can typically be fixed by amending or revising the language from the claims. Claims may also be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 to be obvious in light of the prior art or a mixture 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 is not within the claimed invention, then the claims may must be revised or amended.
The application form undergoes another round of examination. The examiner may issue a final rejection or allow the claims. Yet again, you might have 90 days to respond to an office action. You can extend this deadline by 90 days thereby allowing you an overall of 6 months to respond, but you must submit extension fees with your response. You may make an effort to submit a response early enough to obtain an advisory opinion as to whether your response would overcome the rejection. Alternative methods of addressing a final rejection may include filing a request for continued examination or filing an appeal. A telephonic interview using the examiner may be a very practical and useful strategy to rkplig rejections sometimes.
After you have overcome the rejections, a notice of allowance is normally issued. You are going to then get a deadline to pay for the issue fee. Once the issue fee pays, you might be granted a patented, and Inventhelp Patent Services is going to be mailed to you personally. For utility patents, you must pay maintenance fees at 3.5, 7.5, and 11.5 years following the issuance from the patent. You will find no maintenance fees for design patents.