What Goes On After You File a Patent Application? A General Summary of the Patenting Process. When you file a patent application, the 1st correspondence you are going to receive from the Inventhelp Inventions and Trademark Office will most likely be a form of acknowledgement of the receipt of your application. If you filed the application online, you are going to get an electronic acceptance. 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 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 prerequisites to obtain a filing date. There are situations once the USPTO will refuse to grant a serial number as well as a filing date, which can be not discussed in this article. If you have met the minimum requirements to obtain a filing date but you missed a few of the other requirements which do not affect your eligibility to obtain a filing date, the united states Patent and Trademark Office may give you a Notice to File Missing Parts and give you three months to supply the missing parts. For instance, if you did not incorporate a declaration of inventorship or a compliant set of drawings, you have to provide the missing parts inside the given deadline. Otherwise, the application is going to be abandoned.
Your application is going to be assigned to a skill unit based on the category your invention is classified as well as 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 get examined by the USPTO. If the examiner finds multiple inventions being claimed, the examiner may give you a restriction requirement. The examiner will group your claims in the restriction requirement, and also you must elect one group that you might want the USPTO to check whether or not or not you object to the Inventhelp New Inventions. You can pursue the non-elected groups of claims in a divisional application, which can be filed at another time.
After the examiner reviews the 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 3 months thereby allowing you an overall of 6 months to respond, but you have to submit extension fees with your response. A workplace action may indicate the claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 as being indefinite. This usually signifies that there is an ambiguity in the way 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 to be anticipated by prior art, or under 35 USC 103 to be obvious in light of a prior art or a mix 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 in the claimed invention, then the claims may must be revised or amended.
The application form undergoes another round of examination. The examiner may issue your final rejection or enable the claims. Once more, you have 3 months to respond to a workplace action. You can extend this deadline by 3 months thereby allowing you an overall of 6 months to respond, but you have to submit extension fees with your response. You may try to submit a response early enough to obtain an advisory opinion as to whether your response would overcome the rejection. Different ways of answering 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 method of rkplig rejections in some cases.
After you have overcome the rejections, a notice of allowance is typically issued. You will then be given a deadline to cover the matter fee. After the issue fee is paid, you happen to be granted a patented, and Inventhelp Number is going to be mailed to you. For utility patents, you have to pay maintenance fees at 3.5, 7.5, and 11.5 years after the issuance from the patent. There are no maintenance fees for design patents.