After you receive the patentability opinion, you will want to then file a patent application to protect your invention. A patent application includes an abstract, a specification, at least one claim, a Declaration, a filing fee, and usually at least one drawing.
The most important part of the patent application is the Claims, which
describe the scope of coverage that the inventor is attempting to receive
from the United States government. An experienced
typically required to receive the most preferable patent coverage for your
invention. Adequate patent coverage ensures that potential infringers will
be prevented from making, using or selling your invention even if they make
a slight modification.
E-FILING YOUR PATENT APPLICATION
After your patent application is drafted, you will then file the patent
application with the Patent Office. Neustel Law Offices files all of
its patent applications electronically with the U.S. Patent Office via the
e-File process which provides us with immediate confirmation that your patent
application has been filed along with your official serial number. It
is not recommended that you file your patent application via U.S. Mail
because of the significant advantages of e-filing your patent application.
After your patent application is filed electronically with the Patent
Office, you will officially have “patent
.” It is important to note that a patent
application filed with the Patent Office does not provide you with any legal
rights to sue an infringer – only a granted patent provides this valuable
PROSECUTION OF YOUR PATENT APPLICATION
Your patent application will remain at the Patent Office for 1 to 3+
years before the assigned Patent Examiner will review your patent application.
During the review by the Patent Examiner, they will perform their own
independent patent search and typically find patents different from what is
found in your patent search.
After the Patent Examiner has performed the patent search, they will make
a determination as to whether any or all of the claims in your patent
application are allowable. The Patent Examiner will prepare an “Office
Action” which is similar to a patentability opinion. In the Office
Action, the Patent Examiner will typically reject one or all of the claims
in the patent application.
After receiving the Office Action, you will have up to three months to
file a Response (up to 6 months total if you pay extension of time fees).
In the Response, your patent attorney will argue how your invention is
different from the patents cited by the Examiner. The patent attorney
may also amend your claims in order to place the application in better
condition for allowance.
The Patent Examiner will review your Response and may do a second patent
search in view of the arguments/amendments. The Patent Examiner will
then typically issue either a Final Office Action or a Notice of Allowance.
A Final Office Action indicates that you have a limited amount of time to
convince the Patent Examiner that the patent application is in condition for
allowance. A Notice of Allowance indicates that your patent
application is in condition for allowance and will be granted as a patent
after you pay the USPTO Issue Fee.