What Happens When You File a Patent Application? An Over-all Breakdown of the Patenting Process. When you file Inventhelp Invention Service, the 1st correspondence you will receive from the US Patent and Trademark Office will most likely 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 receive an acknowledgement either as a stamp on a postcard you included (if you included one) or even a filing receipt.
All of these types 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 acquire a filing date. There are situations if the USPTO will refuse to grant a serial number and a filing date, which can be not discussed in this article. For those who have met the minimum requirements to get a filing date but you missed a few of the other requirements that do not affect your eligibility to get a filing date, the usa Patent and Trademark Office may send you a Notice to submit Missing Parts and provide 90 days to provide the missing parts. As an example, if you failed to incorporate a declaration of inventorship or perhaps a compliant group of drawings, you need to supply the missing parts inside the given deadline. Otherwise, the application will likely be abandoned.
Your application will be allotted to an art unit based on the category your invention is classified along with an examiner because art unit. Depending on how busy that art unit is, it may take about 2 to 3 years before you decide to hear again from an examiner. Generally, your filing fee is simply great for one group of invention to get examined from the USPTO. If the examiner finds multiple inventions being claimed, the examiner may give you a restriction requirement. The examiner will group your claims within the restriction requirement, and also you must elect one group that you would like the USPTO to look at regardless of whether or otherwise not you object to the restriction requirement. It is possible to pursue the non-elected groups of claims in a divisional application, which may be filed at a later time.
After the examiner reviews your application for patentability, the examiner’s decision is normally reported on Idea Patent to as an “office action.” Generally, you might have 90 days to respond to a business office action. It is possible to extend this deadline by 3 months thereby enabling you a total of half a year to react, but you must submit extension fees with your response. A business office action may indicate the claims may be rejected or allowed.
Claims might be rejected under 35 USC 112 for being indefinite. This usually means that there is an ambiguity in the manner the invention is claimed, which may typically be fixed by amending or revising the language of the claims. Claims may also be rejected under 35 USC 102 as being anticipated by prior art, or under 35 USC 103 to be obvious in light of 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 in between the invention and prior art. If the distinction is not within the claimed invention, then the claims might need to be revised or amended.
The application undergoes another round of examination. The examiner may issue a final rejection or enable the claims. Once again, you may have 3 months to answer an office action. You are able to extend this deadline by 3 months thereby allowing you a total of 6 months to respond, but you have to submit extension fees along with your response. You might attempt to submit a response early enough to have an advisory opinion whether your response would overcome the rejection. Other ways of responding to your final rejection might include filing a request continued examination or filing an appeal. A telephonic interview with all the examiner can be a very practical and zcrymb approach to overcoming rejections sometimes.
After you have overcome the rejections, a notice of allowance is usually issued. You are going to then get a deadline to pay the matter fee. After the issue fee is paid, you might be granted a patented, and Innovation will be mailed to you personally. For 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.