What Happens When You File a Patent Application? A Broad Summary of the Patenting Process. When you file Prototype Services Inventhelp, the first correspondence you will receive from the US Patent and Trademark Office will probably be a kind 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 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 get a filing date. You can find situations when the USPTO will refuse to grant a serial number and a filing date, that are not discussed in the following paragraphs. For those who 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 acquire a filing date, the usa Patent and Trademark Office may send you a Notice to submit Missing Parts and provide you with 90 days to provide the missing parts. For instance, should you failed to add a declaration of inventorship or a compliant group of drawings, you have to supply the missing parts within the given deadline. Otherwise, the application is going to be abandoned.
Your application is going to be allotted to a skill 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 might take a couple of to 3 years before you hear again from an examiner. Generally, your filing fee is simply great for one list of invention to get examined through 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 within the restriction requirement, and you also must elect one group that you would like the USPTO to look at whether or not or otherwise you object towards the restriction requirement. You can pursue the non-elected teams 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 Inventhelp Number to as being an “office action.” Generally, you may have 3 months to answer a workplace action. You are able to extend this deadline by 3 months thereby allowing you an overall of six months to respond, but you need to submit extension fees together with your response. An office action may indicate that the claims are generally rejected or allowed.
Claims might be rejected under 35 USC 112 to be indefinite. This usually implies that there is an ambiguity in the way the invention is claimed, which could typically be fixed by amending or revising the language from the claims. Claims can also be rejected under 35 USC 102 for being anticipated by prior art, or under 35 USC 103 for being obvious considering a prior art or a combination of multiple prior art references. These rejections can typically be responded to by pointing out at least one distinction between the invention and prior art. In the event the distinction is not within the claimed invention, then your claims should be revised or amended.
The application experiences another round of examination. The examiner may issue a final rejection or permit the claims. Once again, you might have 3 months to answer a workplace action. You can extend this deadline by 90 days thereby allowing you an overall of six months to respond, but you must submit extension fees along with your response. You could try to submit a response early enough to get an advisory opinion whether your response would overcome the rejection. Other ways of answering your final rejection can include filing a request continued examination or filing an appeal. A telephonic interview using the examiner might be a very practical and zcrymb approach to overcoming rejections in some cases.
After you have overcome the rejections, a notice of allowance is typically issued. You will then get a deadline to cover the issue fee. Once the issue fee is paid, you happen to be granted a patented, and Invent Help Inventor will be mailed to you. For patents, you must pay maintenance fees at 3.5, 7.5, and 11.five years after the issuance of the patent. You can find no maintenance fees for design patents.