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Posted On March 10, 2020
What Will Happen After You File a Patent Application? A General Overview of the Patenting Process. When you file a patent application, the very first correspondence you may receive from the my link and Trademark Office will most likely be a kind of acknowledgement of the receipt of your application. If you filed the application online, you will receive an electronic acceptance. If you filed the application by mail, you may 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, and your application serial number, assuming you met the prerequisites to obtain a filing date. You will find situations when the USPTO will refuse to grant a serial number along with a filing date, which are not discussed in this post. In case you have met the minimum requirements to get 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 provide you with a Notice to File Missing Parts and provide you with three months to supply the missing parts. For instance, in the event you neglected to include a declaration of inventorship or a compliant set of drawings, you have to provide you with the missing parts inside the given deadline. Otherwise, your application is going to be abandoned.
The application will be allotted to a skill unit based on the category your invention is considered well as an examiner because art unit. For the way busy that art unit is, it may take about 2 to 3 years before you hear again from an examiner. Generally, your filing fee is simply great for one set of invention to get examined from the USPTO. When the examiner finds multiple inventions being claimed, the examiner may provide you with a restriction requirement. The examiner will group your claims in the restriction requirement, and you also must elect one group that you want the USPTO to examine no matter whether or otherwise you object for the link. You can pursue the non-elected sets 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 usually reported on the correspondence known as an “office action.” Generally, you might have 3 months to answer an office action. You can extend this deadline by 3 months thereby allowing you a total of half a year to respond, but you need to submit extension fees with your response. A workplace action may indicate that the claims are either rejected or allowed.
Claims may be rejected under 35 USC 112 for being indefinite. This usually signifies that it comes with an ambiguity in how the invention is claimed, which can typically be fixed by amending or revising the language from the claims. Claims may additionally be rejected under 35 USC 102 as being anticipated by prior art, or under 35 USC 103 for being obvious in light of the prior art or a mix 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 may need to be revised or amended.
The application experiences another round of examination. The examiner may issue a final rejection or enable the claims. Yet again, you might have 90 days to respond to an office action. You can extend this deadline by 90 days thereby enabling you an overall total of half a year to react, but you must submit extension fees with your response. You may try to submit a response early enough to obtain an advisory opinion as to if your response would overcome the rejection. Other ways of answering one final rejection may include filing a request continued examination or filing an appeal. A telephonic interview using the examiner may become a very practical and useful approach to fsnuzk rejections in some instances.
When you have overcome the rejections, a notice of allowance is normally issued. You may then get a deadline to cover the problem fee. Once the issue fee is paid, you might be granted a patented, and find out here is going to be mailed to you. For utility patents, you need to pay maintenance fees at 3.5, 7.5, and 11.five-years after the issuance of the patent. You will find no maintenance fees for design patents.