What Will Happen 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 Market An Invention Idea and Trademark Office will probably be a kind of acknowledgement of the receipt of the application. If you filed the application online, you may receive an electronic acceptance. If you filed the application by mail, you may receive an acknowledgement either in the form of a stamp on a postcard you included (if you included one) or perhaps 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 prerequisites to acquire a filing date. You can find situations if the USPTO will refuse to grant a serial number as well as a filing date, which can be not discussed in the following paragraphs. In case you have met the minimum requirements to acquire a filing date however, you missed some of the other requirements that do not affect your eligibility to acquire a filing date, the US Patent and Trademark Office may provide you with a Notice to File Missing Parts and provide 90 days to supply the missing parts. For example, in the event you did not incorporate a declaration of inventorship or perhaps a compliant set of drawings, you need to supply the missing parts within the given deadline. Otherwise, the application is going to be abandoned.
Your application is going to be allotted to an art unit based on the category your invention is considered well as being an examiner in that art unit. For the way 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 become examined through the USPTO. When 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 also must elect one group that you want the USPTO to examine regardless of whether or otherwise not you object towards the Inventhelp New Products. You can pursue the non-elected sets of claims in a divisional application, which can be filed later.
Once the examiner reviews the application for patentability, the examiner’s decision is generally reported on the correspondence referred to as an “office action.” Generally, you have three months to answer a workplace action. You can extend this deadline by three months thereby allowing you a total of 6 months to react, but you need to submit extension fees along with your response. A workplace action may indicate that this claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 to be indefinite. This usually signifies that there is an ambiguity in the manner the invention is claimed, which can typically be fixed by amending or revising the language of the claims. Claims may even be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 to be obvious in light of any prior art or a mix of multiple prior art references. These rejections can typically be responded to by pointing out one or more distinction between the invention and prior art. When the distinction will not be in the claimed invention, then the claims may must be revised or amended.
The application undergoes another round of examination. The examiner may issue one final rejection or permit the claims. Yet again, you have three months to answer a workplace action. You can extend this deadline by three months thereby allowing you a total of 6 months to react, but you need to submit extension fees along with your response. You may try 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 one final rejection may include filing a request for continued examination or filing an appeal. A telephonic interview with the examiner may become a very practical and useful strategy to rkplig rejections in some cases.
After you have overcome the rejections, a notice of allowance is normally issued. You will then be provided a deadline to pay for the issue fee. Once the issue fee is paid, you are granted a patented, and Technology is going to be mailed to you personally. For utility patents, you need to pay maintenance fees at 3.5, 7.5, and 11.5 years following the issuance of the patent. You can find no maintenance fees for design patents.