What Will Happen When You File a Patent Application? A General Overview of the Patenting Process. When you file Inventhelp Innovation, the first correspondence you will receive from the US Patent and Trademark Office will likely be a type of acknowledgement of the receipt of the application. If you filed the application online, you will receive an electronic acknowledgement. If you filed the application by mail, you will get 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, as well as your application serial number, assuming you met the requirements to get a filing date. You will find situations once the USPTO will refuse to grant a serial number and a filing date, which can be not discussed in the following paragraphs. If 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 get a filing date, the US Patent and Trademark Office may send you a Notice to File Missing Parts and provide you with 90 days to offer the missing parts. For example, in the event you neglected to add a declaration of inventorship or a compliant set of drawings, you need to supply the missing parts in the given deadline. Otherwise, your application will likely be abandoned.
Your application will be allotted to a skill unit based on the category your invention is classified plus an examiner in that art unit. Depending on how busy that art unit is, it might take about 2 to 3 years before you hear again from an examiner. Generally, your filing fee is simply beneficial to one group of invention to be examined by 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 in the restriction requirement, and you also must elect one group that you might want the USPTO to look at regardless of whether or otherwise you object towards the restriction requirement. You can pursue the non-elected groups of claims in a divisional application, which may be filed at a later time.
Once the examiner reviews your application for patentability, the examiner’s decision is normally reported on Invent Help to being an “office action.” Generally, you have 3 months to respond to a business office action. It is possible to extend this deadline by three months thereby allowing you a total of six months to react, but you have to submit extension fees with your response. A workplace action may indicate that this claims are generally rejected or allowed.
Claims might be rejected under 35 USC 112 to be indefinite. This usually means that it comes with an ambiguity in the manner the invention is claimed, which may typically be fixed by amending or revising the language from the claims. Claims can be rejected under 35 USC 102 as being anticipated by prior art, or under 35 USC 103 as being obvious considering 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 between the invention and prior art. In the event the distinction is not really within the claimed invention, then this claims might need to be revised or amended.
The applying undergoes another round of examination. The examiner may issue your final rejection or permit the claims. Once again, you have 90 days to respond to a workplace action. You can extend this deadline by 90 days thereby allowing you an overall total of six months to react, but you need to submit extension fees along with your response. You might make an effort to submit a response early enough to obtain an advisory opinion whether your response would overcome the rejection. Alternative methods of responding to one final rejection can include filing a ask for continued examination or filing an appeal. A telephonic interview with all the examiner may 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 will then get a deadline to pay for the problem fee. Once the issue fee is paid, you might be granted a patented, and Ideas Inventions will be mailed for you. For patents, you need to pay maintenance fees at 3.5, 7.5, and 11.five years after the issuance in the patent. You can find no maintenance fees for design patents.