What Goes On After You File a Patent Application? A General Overview of the Patenting Process. When you file a patent application, the first correspondence you are going to receive from the Invention Companies and Trademark Office will likely be a kind of acknowledgement of the receipt of the application. If you filed the application online, you are going to receive an electronic acceptance. If you filed the application by mail, you are going to receive an acknowledgement either by means of a stamp on a postcard you included (if you included one) or a filing receipt.
All of these kinds of acknowledgement will typically list your filing date, your title of your own invention, along with 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 as well as a filing date, which are not discussed in this post. For those who have met the minimum requirements to get a filing date but you missed a number of the other requirements which do not affect your eligibility to get a filing date, the united states Patent and Trademark Office may send you a Notice to File Missing Parts and provide you with 3 months to supply the missing parts. For instance, should you neglected to include a declaration of inventorship or a compliant set of drawings, you need to provide you with the missing parts in the given deadline. Otherwise, the application is going to be abandoned.
Your application is going to be assigned to an art unit based on the category your invention is classified as well as being an examiner in this 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 simply good for one set of invention to become examined through the USPTO. In the event the examiner finds multiple inventions being claimed, the examiner may send you a restriction requirement. The examiner will group your claims inside the restriction requirement, and you must elect one group that you want the USPTO to examine whether or not or otherwise not you object towards the Inventhelp Innovation. You can pursue the non-elected sets 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 have three months to answer an office action. You can extend this deadline by three months thereby enabling you an overall of 6 months to react, but you need 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 as being indefinite. This usually implies that there is an ambiguity in the way the invention is claimed, which can typically be fixed by amending or revising the language in the claims. Claims may also be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 to be obvious in light of 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 in between the invention and prior art. In the event the distinction will not be inside the claimed invention, then the claims may need to be revised or amended.
The application form experiences another round of examination. The examiner may issue a final rejection or permit the claims. Once more, you have three months to answer an office action. You can extend this deadline by three months thereby enabling you an overall 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 have an advisory opinion whether your response would overcome the rejection. Different ways of answering a final rejection may include filing a ask for 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 typically issued. You will then get a deadline to pay the issue fee. After the issue fee is paid, you happen to be granted a patented, and How Can You Benefit From Inventhelp? is going to be mailed to you personally. For utility patents, you need to pay maintenance fees at 3.5, 7.5, and 11.five years right after the issuance in the patent. You can find no maintenance fees for design patents.