What Happens After You File a Patent Application? A General Summary of the Patenting Process. When you file a patent application, the very first correspondence you are going to receive from the read review and Trademark Office will probably be a type of acknowledgement of the receipt of your application. If you filed the application online, you will receive an electronic acknowledgement. If you filed the application by mail, you are going to get an acknowledgement either in the form of a stamp on a postcard you included (if you included one) or even a filing receipt.
All these kinds of acknowledgement will typically list your filing date, your title of your own invention, as well as your application serial number, assuming you met the requirements to get a filing date. You can find situations when the USPTO will refuse to grant a serial number along with a filing date, which are not discussed in this article. In case you have met the minimum requirements to get a filing date however you missed a few of the other requirements that do not affect your eligibility to obtain a filing date, the usa Patent and Trademark Office may give you a Notice to File Missing Parts and provide 3 months to offer the missing parts. As an example, in the event you failed to add a declaration of inventorship or perhaps a compliant set of drawings, you need to provide the missing parts inside the given deadline. Otherwise, your application will likely be abandoned.
Your application will likely be assigned to a form of art unit based on the category your invention is classified as well as an examiner because art unit. Depending on how 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 just good for one set of invention to become 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 inside the restriction requirement, and also you must elect one group that you want the USPTO to examine no matter whether or otherwise not you object for the More Bonuses. You can pursue the non-elected teams of claims in a divisional application, which can be filed at another time.
Once the examiner reviews your application for patentability, the examiner’s decision is normally reported over a correspondence referred to as an “office action.” Generally, you have 3 months to respond to a workplace action. You can extend this deadline by three months thereby allowing you an overall of 6 months 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 may be rejected under 35 USC 112 as being indefinite. This usually means that it comes with an ambiguity in how the invention is claimed, which can typically be fixed by amending or revising the language in the claims. Claims may additionally be rejected under 35 USC 102 for being anticipated by prior art, or under 35 USC 103 as being 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 one or more distinction in between the invention and prior art. When the distinction is not in the claimed invention, then this claims may must be revised or amended.
The application goes through another round of examination. The examiner may issue one final rejection or enable the claims. Yet again, you might have three months to answer a workplace action. You can extend this deadline by 3 months thereby enabling you an overall of six months to respond, but you need to submit extension fees together with your response. You may try to submit a response early enough to obtain an advisory opinion whether your response would overcome the rejection. Alternative methods of responding to your 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 approach to fsnuzk rejections in some instances.
After you have overcome the rejections, a notice of allowance is typically issued. You will then be provided a deadline to pay the issue fee. Once the issue fee pays, you are granted a patented, and click site will likely be mailed to you. For utility patents, you must pay maintenance fees at 3.5, 7.5, and 11.five years following the issuance in the patent. You will find no maintenance fees for design patents.