What Goes On After You File a Patent Application? A General Breakdown of the Patenting Process. When you file a patent application, the 1st correspondence you are going to receive from the advice and Trademark Office will most likely be a form of acknowledgement of the receipt of the application. If you filed your application online, you will get an electronic acceptance. 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 obtain a filing date. You can find situations if the USPTO will refuse to grant a serial number along with a filing date, which can be not discussed in this post. If you have met the minimum requirements to acquire a filing date however, 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 provide three months to provide the missing parts. For instance, in the event you neglected to add a declaration of inventorship or even a compliant set of drawings, you need to provide the missing parts in the given deadline. Otherwise, the application will likely be abandoned.
The application will be assigned to an art unit based on the category your invention is considered well as an examiner in that 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 just good for one set of invention to get examined through the USPTO. If 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 must elect one group that you want the USPTO to examine whether or not or not you object for the hop over to here. You can pursue the non-elected groups of claims in a divisional application, which can be filed later.
After the examiner reviews the application for patentability, the examiner’s decision is usually reported on the correspondence referred to as an “office action.” Generally, you might have three months to respond to a workplace action. You can extend this deadline by 90 days thereby allowing you a total of 6 months to react, but you have to submit extension fees along with your response. An office action may indicate the claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 as being indefinite. This usually implies that it comes with 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 for being anticipated by prior art, or under 35 USC 103 as being obvious in light of any prior art or a combination of multiple prior art references. These rejections can typically be responded to by pointing out at least one distinction in between the invention and prior art. If the distinction is not really within the claimed invention, then this claims may have to be revised or amended.
The applying goes through another round of examination. The examiner may issue one final rejection or allow the claims. Once again, you may have three months to respond to a workplace action. You can extend this deadline by 3 months thereby enabling you an overall total of 6 months to react, but you have to submit extension fees with your response. You may make an effort to submit a response early enough to get an advisory opinion as to if 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 with the examiner may be a very practical and useful approach to fsnuzk rejections in some cases.
When you have overcome the rejections, a notice of allowance is usually issued. You will then be given a deadline to cover the issue fee. Once the issue fee pays, you might be granted a patented, and this article will be mailed to you. For utility patents, you must pay maintenance fees at 3.5, 7.5, and 11.five-years following the issuance of the patent. You will find no maintenance fees for design patents.