What Happens When You File a Patent Application? A Broad Summary of the Patenting Process. When you file Inventhelp Patent Services, the first correspondence you will receive from the US Patent and Trademark Office will probably be a form of acknowledgement of the receipt of your application. If you filed the application online, you will get an electronic acknowledgement. If you filed your application by mail, you will get an acknowledgement either by means 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, along with your application serial number, assuming you met the requirements to get a filing date. There are situations when 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 acquire a filing date however, you missed a few of the other requirements that do not affect your eligibility to obtain a filing date, the united states Patent and Trademark Office may send you a Notice to File Missing Parts and give you 3 months to offer the missing parts. For instance, in the event you neglected to include 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 be abandoned.
The application will likely be allotted to a skill unit based on the category your invention is classified along with an examiner because art unit. For the way busy that art unit is, it may take a couple of to 3 years before you decide to hear again from an examiner. Generally, your filing fee is only great for one list of invention to get 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 no matter whether or not you object towards the restriction requirement. You are able 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 Inventhelp Invention Stories to as being an “office action.” Generally, you have 90 days to answer an office action. You can extend this deadline by 90 days thereby enabling you an overall total of six months to respond, but you have to submit extension fees with your response. A workplace action might point to the claims may be rejected or allowed.
Claims might be rejected under 35 USC 112 to be 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 from the claims. Claims may also be rejected under 35 USC 102 for being anticipated by prior art, or under 35 USC 103 for being obvious considering a prior art or a combination 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 really in the claimed invention, then this claims should be revised or amended.
The applying experiences another round of examination. The examiner may issue one final rejection or allow the claims. Once again, you have 3 months to answer an office action. It is possible to extend this deadline by 3 months thereby enabling you an overall total of half a year to respond, but you need to submit extension fees together with your response. You might try to submit a response early enough to have an advisory opinion as to whether your response would overcome the rejection. Other ways of addressing your final rejection might include filing a request continued examination or filing an appeal. A telephonic interview using the examiner can be a very practical and zcrymb approach to overcoming rejections in some cases.
After you have overcome the rejections, a notice of allowance is usually issued. You will then be provided a deadline to cover the problem fee. When the issue fee pays, you are granted a patented, and Product Licensing Inventhelp will likely be mailed for you. For patents, you have 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.