What Happens 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 Can You Patent An Idea and Trademark Office will probably be a type of acknowledgement of the receipt of the application. If you filed the application online, you will receive an electronic acceptance. If you filed the 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 even a filing receipt.
Each one of these kinds of acknowledgement will typically list your filing date, your title of your invention, as well as your application serial number, assuming you met the prerequisites to get a filing date. You can find situations when the USPTO will refuse to grant a serial number and a filing date, that are not discussed in this article. 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 US Patent and Trademark Office may provide you with a Notice to File Missing Parts and provide 90 days to offer the missing parts. For instance, if you neglected to add a declaration of inventorship or even a compliant set of drawings, you have to supply the missing parts inside the given deadline. Otherwise, the application will be abandoned.
Your application will be allotted to a form of art unit based on the category your invention is considered well as being an examiner because art unit. Depending on how busy that art unit is, it may take a couple of to 3 years before you hear again from an examiner. Generally, your filing fee is just great for one set of invention to be examined through 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 inside the restriction requirement, and you also must elect one group that you would like the USPTO to look at regardless of whether or not you object towards the Ideas For Inventions. You can pursue the non-elected teams of claims in a divisional application, which can be filed later.
Once the examiner reviews the application for patentability, the examiner’s decision is normally reported on the correspondence referred to as an “office action.” Generally, you have 90 days to answer a workplace action. You can extend this deadline by 90 days thereby enabling you an overall of 6 months to react, but you have to submit extension fees along 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 means 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 even be rejected under 35 USC 102 as being anticipated by prior art, or under 35 USC 103 as being obvious in light of any prior art or a mixture 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 inside the claimed invention, then this claims may need to be revised or amended.
The application goes through another round of examination. The examiner may issue a final rejection or permit the claims. Once again, you have 90 days to answer a workplace action. You can extend this deadline by 90 days thereby enabling you an overall of 6 months to react, but you have to submit extension fees along with your response. You may make an effort to submit a response early enough to obtain an advisory opinion as to if your response would overcome the rejection. Alternative methods of answering a final rejection may include filing a request continued examination or filing an appeal. A telephonic interview using the examiner may be considered a very practical and useful approach to rkplig rejections in some instances.
When you have overcome the rejections, a notice of allowance is normally issued. You are going to then be given a deadline to pay for the matter fee. Once the issue fee pays, you might be granted a patented, and Find A Patent Attorney will be mailed for you. For utility patents, you have to pay maintenance fees at 3.5, 7.5, and 11.five years following the issuance in the patent. You can find no maintenance fees for design patents.