What Happens After You File a Patent Application? A General Summary of the Patenting Process. When you file a patent application, the first correspondence you will receive from the this and Trademark Office will likely be a kind of acknowledgement of the receipt of your application. If you filed your application online, you may receive an electronic acceptance. If you filed the application by mail, you may receive an acknowledgement either as a stamp on a postcard you included (if you included one) or even a filing receipt.
Each one of these forms of acknowledgement will typically list your filing date, your title of the invention, and your application serial number, assuming you met the prerequisites to obtain a filing date. There are situations once the USPTO will refuse to grant a serial number and a filing date, which are not discussed in this post. For those who have met the minimum requirements to obtain a filing date however you missed a number of the other requirements which do not affect your eligibility to obtain a filing date, the US Patent and Trademark Office may give you a Notice to File Missing Parts and provide you with 3 months to offer the missing parts. For example, in the event you neglected to incorporate a declaration of inventorship or perhaps a compliant set of drawings, you need to provide the missing parts within the given deadline. Otherwise, your application is going to be abandoned.
Your application will likely be allotted to an art unit based on the category your invention is classified as well as being an examiner because art unit. Depending on how busy that art unit is, it may take about 2 to 3 years before you hear again from an examiner. Generally, your filing fee is just great for one set of invention to become examined from 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 inside the restriction requirement, and also you must elect one group that you want the USPTO to look at whether or not or otherwise you object for the my sources. You can pursue the non-elected groups of claims in a divisional application, which can be filed at a later time.
Once the examiner reviews the application for patentability, the examiner’s decision is generally reported on the correspondence called an “office action.” Generally, you might have 90 days to answer an office action. You can extend this deadline by 3 months thereby enabling you an overall of half a year to react, but you must submit extension fees together with your response. A business 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 the manner the invention is claimed, which can typically be fixed by amending or revising the language from the claims. Claims may even be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 for being obvious in light of a prior art or a combination of multiple prior art references. These rejections can typically be responded to by pointing out one or more distinction involving the invention and prior art. When the distinction is not inside the claimed invention, then your claims may must be revised or amended.
The application form experiences another round of examination. The examiner may issue your final rejection or allow the claims. Yet again, you may have 90 days to answer a workplace action. You can extend this deadline by 90 days thereby enabling you a total of 6 months to respond, but you must submit extension fees with your response. You may try to submit a response early enough to obtain an advisory opinion as to if your response would overcome the rejection. Different ways of answering one final rejection may include filing a request continued examination or filing an appeal. A telephonic interview with the examiner may become a very practical and useful approach to fsnuzk rejections sometimes.
When you have overcome the rejections, a notice of allowance is typically issued. You will then be provided a deadline to cover the issue fee. After the issue fee is paid, you are granted a patented, and Full Article will likely be mailed to you personally. For utility patents, you have to pay maintenance fees at 3.5, 7.5, and 11.five years right after the issuance in the patent. You will find no maintenance fees for design patents.