What Will Happen When You File a Patent Application? An Over-all Breakdown of the Patenting Process. When you file How To Get Help With An Invention, the very first correspondence you will receive from the US Patent and Trademark Office will probably be a form 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 forms 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 will find situations once the USPTO will refuse to grant a serial number along with a filing date, that are not discussed in this article. For those who have met the minimum requirements to obtain a filing date however, you missed a few of the other requirements which do not affect your eligibility to get a filing date, the united states Patent and Trademark Office may give you a Notice to File Missing Parts and provide you with 90 days to offer the missing parts. For example, should you neglected to add a declaration of inventorship or even a compliant group of drawings, you have to supply the missing parts inside the given deadline. Otherwise, your application will likely be abandoned.
Your application will be assigned to a skill unit based on the category your invention is classified plus an examiner because art unit. Depending on how busy that art unit is, it could take about 2 to three years before you hear again from an examiner. Generally, your filing fee is simply beneficial to one set of invention to be 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 in the restriction requirement, and also you must elect one group that you want the USPTO to check regardless of whether or not you object towards 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.
When the examiner reviews the application for patentability, the examiner’s decision is generally reported on Inventhelp Office to as being an “office action.” Generally, you might have 3 months to respond to an office action. You are able to extend this deadline by 3 months thereby allowing you a total of six months to respond, but you have to submit extension fees along with your response. A business office action may indicate the claims are either rejected or allowed.
Claims might be rejected under 35 USC 112 for being indefinite. This usually means that there is an ambiguity in the way the invention is claimed, which can typically be fixed by amending or revising the language in the claims. Claims can be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 for being obvious considering a prior art or a mixture 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. When the distinction is not really in the claimed invention, then this claims may need to be revised or amended.
The applying goes through another round of examination. The examiner may issue your final rejection or permit the claims. Once more, you might have 90 days to respond to an office action. You can extend this deadline by three months thereby allowing you an overall of half a year to respond, but you have to submit extension fees with your response. You could make an effort to submit a response early enough to have an advisory opinion as to whether your response would overcome the rejection. Different ways of answering one final rejection might 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 instances.
When you have overcome the rejections, a notice of allowance is normally issued. You are going to then be given a deadline to pay for the issue fee. After the issue fee pays, you are granted a patented, and Inventhelp Inventions Store will likely be mailed to you personally. For patents, you must pay maintenance fees at 3.5, 7.5, and 11.five-years following the issuance in the patent. You will find no maintenance fees for design patents.