What Happens After You File a Patent Application? A Broad Breakdown of the Patenting Process. When you file Product Licensing Inventhelp, the very first correspondence you will receive from the US Patent and Trademark Office will likely be a form of acknowledgement of the receipt of the application. If you filed your application online, you will get an electronic acknowledgement. If you filed your application by mail, you will get an acknowledgement either in the form of a stamp on a postcard you included (if you included one) or even a filing receipt.
All these kinds of acknowledgement will typically list your filing date, your title of your invention, along with 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, which are not discussed in this article. In case you have met the minimum requirements to acquire a filing date however, you missed some of the other requirements that do not affect your eligibility to get a filing date, the usa Patent and Trademark Office may give you a Notice to File Missing Parts and provide you with 90 days to supply the missing parts. As an example, in the event you did not incorporate a declaration of inventorship or even a compliant group of drawings, you must provide the missing parts inside the given deadline. Otherwise, your application will likely be abandoned.
Your application is going to be assigned to a skill unit based on the category your invention is classified as well as an examiner in this art unit. For the way busy that art unit is, it might take about 2 to three years prior to deciding to hear again from an examiner. Generally, your filing fee is just great for one set of invention to become examined by 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 must elect one group that you would like the USPTO to look at whether or not or not you object to the restriction requirement. You are able to pursue the non-elected sets of claims in a divisional application, which can be filed at a later time.
Once the examiner reviews your application for patentability, the examiner’s decision is normally reported on Invention Help Companies to as being an “office action.” Generally, you have three months to respond to a business office action. You are able to extend this deadline by 90 days thereby allowing you a total of six months to react, but you must submit extension fees together with your response. An office action might point to that this claims may be rejected or allowed.
Claims might be rejected under 35 USC 112 as being indefinite. This usually signifies that there is an ambiguity in how the invention is claimed, which may typically be fixed by amending or revising the language from the claims. Claims can also be rejected under 35 USC 102 to be anticipated by prior art, or under 35 USC 103 to be 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 really within the claimed invention, then this claims may need to be revised or amended.
The application form undergoes another round of examination. The examiner may issue your final rejection or allow the claims. Once again, you have 90 days to answer an office action. You are able to extend this deadline by three months thereby enabling you a total of six months to respond, but you have to submit extension fees with your response. You may make an effort to submit a response early enough to obtain 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 for continued examination or filing an appeal. A telephonic interview using the examiner can be a very practical and zcrymb method of overcoming rejections in some cases.
Once you have overcome the rejections, a notice of allowance is typically issued. You are going to then be provided a deadline to pay the matter fee. When the issue fee pays, you might be granted a patented, and Inventhelp Vibe is going to be mailed for you. For patents, you must pay maintenance fees at 3.5, 7.5, and 11.five years following the issuance of the patent. You can find no maintenance fees for design patents.