The notice will indicate the application is allowed and will require the applicant to pay a government issue fee a set time period usually within three months of the date of the notice of allowance. The application will not become a granted patent until an issue fee is paid, and even then it may take six months before the patent office officially issues the patent. Patent Application Drafting If at step 12, the patent novelty search results are favorable, or if you otherwise decide proceed with filing an application, then you move to step 16 where the patent application is drafted. If the first application is a non-provisional, then you proceed directly to step 24 and wait for the patent office to review it. A skilled patent attorney or agent may be able to modify the claims of the patent slightly or present arguments to the examiner to get around the rejection. Office of Initial Patent Examination Procedures. If at step 12, the patent novelty search results are favorable, or if you otherwise decide proceed with filing an application, then you move to step 16 where the patent application is drafted. If any content of the provisional needs be revised or added to, that can be done at step The applicant response is to disagree with the examiner a traverse or to amend the claims or specification to overcome the rejection or objection. Basically the applicant normally gets two bites of the apple.
Seeking a patent is not a file it and forget it endeavor. Instead, it involves a process where work is likely required in multiple phases. Inventors need to understand the examination process a patent goes through in the U.S. Patent Office. The process begins with the filing of a patent application.
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The US Patent Application Process Flow Chart Eric Waltmire's Blog
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Making Money. It would be reasonable to think that the examination process should only take a couple of months, but the truth is that the patent office has quite a backlog of pending patents and the process could take quite a long time. If any content of the provisional needs be revised or added to, that can be done at step Here is one:.
If subject matter is to be revised or added to the content of the provisional before the non-provisional is filed, then the process goes back to step 16, 18, and 20 until the you are happy with the non-provisional application. Patent Articles. Although it is important to understand that seldom is anything final in the US Patent Office.
Text Version. Flow Chart. A Patent Flow Chart - I have described several aspects for how the patent process works. But sometimes it helps to just draw a picture - in this case a flow chart. Each country follows its own predefined procedure of receiving patent applications, examining the applications and granting patents or rejecting patent grants.
If USPTO did not issue restriction requirements, patent applicants could put multiple different inventions in one application.
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Allowance — Allowance of the patent application means that the patent application is accepted, and in due time will become a granted patent. Therefore, the applicant will may through steps 24, 26, 30, 32, 34, 36 and back to step 24 more than once optionally including one or more rounds of interview at steps 34, 38, If at step 12, the patent novelty search results are favorable, or if you otherwise decide proceed with filing an application, then you move to step 16 where the patent application is drafted.
Patent Layout. If the patent application filed is a provisional patent application at step 21, then within one year a non-provisional patent application claiming the benefit of that provisional must be filed.
Therefore, it is very common for patent applicants through their patent attorney to negotiate with the USPTO in order to obtain a granted patent.
Patent process flow chart
|If the scope of protection you might obtain is narrow, then you must make a business decision whether pursuing such patent protection is likely to be valuable in light of the patent application expense you will occur in doing so.
Patent Publication — The U. Sometimes only a few of the claims will be rejected while other claims are allowed by the examiner. The application will not become a granted patent until an issue fee is paid, and even then it may take six months before the patent office officially issues the patent.
But the examiner has the option to search for additional prior art references to meet the claim limitations added in the first response. Once the patent application is published, it is available to the public.