What Will Happen When You File a Patent Application? A General Summary of the Patenting Process. When you file Inventhelp Prototype Service, the first correspondence you will receive from the US Patent and Trademark Office will probably be a type of acknowledgement of the receipt of the application. If you filed the application online, you will get an electronic acknowledgement. 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 perhaps a filing receipt.
All these kinds of acknowledgement will typically list your filing date, your title of the invention, as well as your application serial number, assuming you met certain requirements to acquire a filing date. You will find situations if the USPTO will refuse to grant a serial number along with a filing date, which can be not discussed in this article. In case you have met the minimum requirements to obtain a filing date however, you missed some of the other requirements which do not affect your eligibility to obtain a filing date, the usa Patent and Trademark Office may provide you with a Notice to submit Missing Parts and give you 3 months to supply the missing parts. As an example, if you did not incorporate a declaration of inventorship or a compliant list of drawings, you must provide the missing parts within the given deadline. Otherwise, the application will be abandoned.
The application will be assigned to a skill unit based on the category your invention is classified as well as an examiner in this art unit. For the way busy that art unit is, it may take about 2 to 3 years prior to deciding to hear again from an examiner. Generally, your filing fee is just great for one group of invention to be examined by the USPTO. If the examiner finds multiple inventions being claimed, the examiner may send you a restriction requirement. The examiner will group your claims within the restriction requirement, and you also must elect one group that you want the USPTO to look at regardless of whether or otherwise not you object for the restriction requirement. It is possible to pursue the non-elected teams of claims in a divisional application, which may be filed at a later time.
Once the examiner reviews the application for patentability, the examiner’s decision is usually reported on Patent Idea to being an “office action.” Generally, you may have three months to respond to an office action. You are able to extend this deadline by 90 days thereby enabling you an overall of half a year to react, but you have to submit extension fees with your response. An office action may indicate the claims are either rejected or allowed.
Claims could be rejected under 35 USC 112 as being 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 of the claims. Claims can be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 for being obvious considering a 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 involving the invention and prior art. If the distinction is not in the claimed invention, then your claims might need to be revised or amended.
The application form goes through another round of examination. The examiner may issue one final rejection or enable the claims. Yet again, you may have 90 days to respond to a workplace action. You can extend this deadline by three months thereby allowing you a total of 6 months to respond, but you need to submit extension fees with your response. You might attempt to submit a response early enough to have an advisory opinion as to whether your response would overcome the rejection. Different ways of answering one final rejection might include filing a ask for continued examination or filing an appeal. A telephonic interview with all the examiner may be a very practical and zcrymb strategy to overcoming rejections in some instances.
After you have overcome the rejections, a notice of allowance is usually issued. You are going to then be provided a deadline to pay the problem fee. When the issue fee is paid, you might be granted a patented, and How To Patent A Product Idea is going to be mailed for you. For patents, you must pay maintenance fees at 3.5, 7.5, and 11.five years following the issuance of the patent. There are no maintenance fees for design patents.