What Happens After You File a Patent Application? A General Summary of the Patenting Process. When you file How To Make An Invention Prototype With Inventhelp, the 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 the application online, you will get an electronic acknowledgement. If you filed your application by mail, you will get an acknowledgement either by means of a stamp on a postcard you included (if you included one) or even a filing receipt.
Each one of these types of acknowledgement will typically list your filing date, your title of your own invention, and 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 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 some of the other requirements that do not affect your eligibility to obtain a filing date, the united states Patent and Trademark Office may give you a Notice to submit Missing Parts and provide 90 days to provide the missing parts. For instance, in the event you failed to incorporate a declaration of inventorship or even a compliant set of drawings, you have to provide you with the missing parts inside the given deadline. Otherwise, the application will be abandoned.
The application will likely be assigned to an art unit based on the category your invention is classified as well as an examiner because art unit. For the way busy that art unit is, it may take about 2 to 3 years prior to deciding to hear again from an examiner. Generally, your filing fee is just great for one group of invention to get examined through the USPTO. If the examiner finds multiple inventions being claimed, the examiner may provide you with a restriction requirement. The examiner will group your claims inside the restriction requirement, and you also must elect one group that you might want the USPTO to examine no matter whether or otherwise you object for the restriction requirement. It is possible to pursue the non-elected teams of claims in a divisional application, which may be filed at a later time.
Once the examiner reviews the application for patentability, the examiner’s decision is usually reported on Inventhelp Inventions to as being an “office action.” Generally, you have 90 days to respond to an office action. You are able to extend this deadline by 3 months thereby enabling you an overall total of 6 months to respond, but you have to submit extension fees together with your response. An office action may indicate that this claims may be rejected or allowed.
Claims may be rejected under 35 USC 112 for being indefinite. This usually implies that there is an ambiguity in how 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 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 a minumum of one distinction involving the invention and prior art. If the distinction will not be within the claimed invention, then the claims should be revised or amended.
The application form undergoes another round of examination. The examiner may issue a final rejection or enable the claims. Once more, you might have 90 days to respond to a business office action. It is possible to extend this deadline by 90 days thereby allowing you an overall of 6 months to respond, but you have to submit extension fees along with your response. You might attempt to submit a response early enough to obtain an advisory opinion whether your response would overcome the rejection. Other ways of responding to one final rejection can include filing a request 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 cases.
When you have overcome the rejections, a notice of allowance is usually issued. You may then be given a deadline to pay the problem fee. When the issue fee pays, you might be granted a patented, and Inventhelp Office will likely be mailed to you personally. For patents, you need to pay maintenance fees at 3.5, 7.5, and 11.5 years following the issuance from the patent. You will find no maintenance fees for design patents.