What Happens When You File a Patent Application? A Broad Summary of the Patenting Process. When you file How To Get A Patent With Inventhelp, the 1st correspondence you will receive from the US Patent and Trademark Office will likely be a kind of acknowledgement of the receipt of your application. If you filed your application online, you will receive an electronic acknowledgement. If you filed your application by mail, you will receive an acknowledgement either in the form of a stamp on a postcard you included (if you included one) or perhaps a filing receipt.
All these types of acknowledgement will typically list your filing date, your title of your own invention, and your application serial number, assuming you met certain requirements to obtain a filing date. You can find situations when the USPTO will refuse to grant a serial number and a filing date, which are not discussed in this post. For those who have met the minimum requirements to obtain a filing date however, you missed a number of the other requirements which do not affect your eligibility to acquire a filing date, the US Patent and Trademark Office may give you a Notice to submit Missing Parts and provide you with 3 months to offer the missing parts. For instance, in the event 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.
The application will be assigned to a form of art unit based on the category your invention is classified plus an examiner in this art unit. For the way busy that art unit is, it could take a couple of to 3 years before you decide to hear again from an examiner. Generally, your filing fee is just beneficial to one set of invention to get examined from the USPTO. In the event the examiner finds multiple inventions being claimed, the examiner may give you a restriction requirement. The examiner will group your claims inside the restriction requirement, and also you must elect one group that you would like the USPTO to examine regardless of whether or otherwise not you object for the restriction requirement. You are able to pursue the non-elected groups of claims in a divisional application, which is often filed at a later time.
Once the examiner reviews the application for patentability, the examiner’s decision is usually reported on Inventhelp New Inventions to being an “office action.” Generally, you have 3 months to answer a business office action. It is possible to extend this deadline by three months thereby allowing you a total of 6 months to react, but you must submit extension fees with your response. A business 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 signifies that there is an ambiguity in the way the invention is claimed, which can typically be fixed by amending or revising the language of the claims. Claims can also be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 as being 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 one or more distinction between the invention and prior art. In the event the distinction is not in the claimed invention, then this claims might need to be revised or amended.
The application undergoes another round of examination. The examiner may issue one final rejection or allow the claims. Once more, you may have 3 months to answer a business office action. You are able to extend this deadline by 90 days thereby allowing you an overall total of half a year to react, but you must submit extension fees along with your response. You may make an effort to submit a response early enough to obtain an advisory opinion whether your response would overcome the rejection. Other ways of answering one final rejection may include filing a request for continued examination or filing an appeal. A telephonic interview with all the examiner may be a very practical and zcrymb method of overcoming rejections in some instances.
When you have overcome the rejections, a notice of allowance is usually issued. You may then be provided a deadline to cover the problem fee. When the issue fee pays, you are granted a patented, and How Do You Patent An Idea will likely be mailed to you. For patents, you have to pay maintenance fees at 3.5, 7.5, and 11.5 years right after the issuance in the patent. You can find no maintenance fees for design patents.