What Happens When You File a Patent Application? An Over-all Overview of the Patenting Process. When you file Inventhelp Caveman, the 1st correspondence you will receive from the US Patent and Trademark Office will likely be a kind 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.
Each one of these types of acknowledgement will typically list your filing date, your title of your invention, and your application serial number, assuming you met certain requirements to get a filing date. You will find situations when the USPTO will refuse to grant a serial number and a filing date, which can be not discussed in this post. If you have met the minimum requirements to obtain a filing date but you missed a number of the other requirements which do not affect your eligibility to obtain a filing date, the US Patent and Trademark Office may give you a Notice to submit Missing Parts and provide you with three months to offer the missing parts. As an example, if you did not include a declaration of inventorship or a compliant group of drawings, you have to supply the missing parts in the given deadline. Otherwise, the application will be abandoned.
Your application will be assigned to a skill 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 three years prior to deciding to hear again from an examiner. Generally, your filing fee is just beneficial to one set of invention to become examined by the USPTO. If the examiner finds multiple inventions being claimed, the examiner may send you a restriction requirement. The examiner will group your claims within the restriction requirement, and you must elect one group that you want the USPTO to check regardless of whether or otherwise you object for the restriction requirement. You are able to pursue the non-elected teams of claims in a divisional application, which can be filed at another time.
After the examiner reviews your application for patentability, the examiner’s decision is normally reported on Inventor Ideas to as an “office action.” Generally, you might have 3 months to answer an office action. It is possible to extend this deadline by three months thereby enabling you an overall of six months to respond, but you need to submit extension fees along with your response. A workplace action might point to 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 the way the invention is claimed, which could typically be fixed by amending or revising the language of the claims. Claims can be rejected under 35 USC 102 for being anticipated by prior art, or under 35 USC 103 as being obvious in light of a prior art or a mixture of multiple prior art references. These rejections can typically be responded to by pointing out a minumum of one distinction in between the invention and prior art. In the event the distinction is not in the claimed invention, then your claims may need to be revised or amended.
The application form experiences another round of examination. The examiner may issue one final rejection or enable the claims. Once more, you have 3 months to respond to a workplace action. It is possible to extend this deadline by 3 months thereby enabling you a total of 6 months to react, but you have to submit extension fees together with your response. You could try to submit a response early enough to get an advisory opinion as to if your response would overcome the rejection. Different ways of responding to your final rejection may include filing a request continued examination or filing an appeal. A telephonic interview with 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 typically issued. You may then be provided a deadline to pay for the issue fee. When the issue fee pays, you might be granted a patented, and How To Pitch An Invention Idea To A Company will be mailed for you. For patents, you need to pay maintenance fees at 3.5, 7.5, and 11.five years right after the issuance in the patent. There are no maintenance fees for design patents.