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What to Expect After Filing a Patent Application?

So your patent application is filed, what can you expect next from the US Patent Office? Read on to learn about informality, restriction, rejection, and allowance.<br><br>This article focuses on what happens after you file a non-provisional patent application. It does not apply to provisional patent applications. To understand provisional versus non-provisional patent applications, see our other posts on provisional patent application versus non-provisional patent application.<br><br>After your non-provisional patent application is filed, you may receive one of the following types of notices from the US Patent and Trademark Office (USPTO). Any notice from the USPTO is called an office action

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What to Expect After Filing a Patent Application?

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  1. What to ExpectAfter Filing a Patent Application? By:ThoughtsToPaper|www.thoughtstopaper.com

  2. OVERVIEW So your patent application is filed, what can you expect next from the US Patent Office? Read on to learn about informality, restriction, rejection, andallowance. This article focuses on what happens after you file a non-provisional patent application. It does not apply to provisional patent applications. To understand provisional versus non-provisional patent applications, see our other posts on provisional patent application versus non-provisional patent application. After your non-provisional patent application is filed, you may receive one of the following types of notices from the US Patent and Trademark Office (USPTO). Any notice from the USPTO is called an office action

  3. An informality is received when there is something wrong with how the application was filed. Perhaps some paperwork is missing, the paperwork was not completedproperly,oryoudidn'tpayenoughfees.The USPTO has not yet looked at the details of how your invention works yet. There are some issues with the application upon initial review. Almost always, we fix theissuesraisedbyUSPTOandyoustillgettokeepthe priority date of when you filed the application. The patentapplicationwillthenwaitinlinetobelookedat, orexamined,byaUSPTOpatentexaminer. Informality Informality www.thoughtstopaper.com

  4. Restriction ArestrictionisissuedwhenapatentexamineratUSPTO believes your patent application covers more than one invention.Frequently,itiswhenyouhavetwoversions of your invention. For example, a computer mouse that canhavetwobuttonsoritcouldhavethreebuttons. These are two versions of the invention and the examineronlywantstolookatoneversion.Youmust decidewhichversionyouwanttheexaminertolookat by selectingone. www.thoughtstopaper.com

  5. A rejection can be issued for numerous reasons. Most commonly, the examiner issues a rejection if the examiner thinks your invention is too similar to someone else that already exists. Getting a rejection does not mean the patent application was necessarily written incorrectly. This simply means it is the examiner's opinion that your invention is not different enough from some other inventions that are out there. Getting a rejection is very common, it is the examiner's job.Uponreceiptofarejection,wecanrespondbackto the examiner and make our arguments as to why we think your invention is not too similar to the existing inventions,andwhywethinkyoudeserveapatent.Itis possible to go through multiple rounds of rejection- and-response with the examiner before your applicationmaybeallowed Rejection www.thoughtstopaper.com

  6. Allowance An allowance is issued when the patent examiner believes your invention is patentable as it meets the patentabilitycriteriaofbeingnovel,non-obvious,and useful. Thisisthefinalstepbeforeyouhaveapatent.Theonly thinglefttodoispaytheissuancefeeandyourpatent will be granted and become valid.If you received a notice from the USPTO, it is likely time sensitive. Make sure to respond timely to ensure your patent application stays alive. Feel free to contact us for a review on what needs to be done for any notice you receive fromUSPTO. www.thoughtstopaper.com

  7. ABOUTUS ThoughtstoPaperwasstartedtoprovideeverydayindividualsandsmallbusinesseswithquality servicestopatentaninvention,design,oridea. Somecalledpatentfirmstohearthattheirpatentapplicationwouldcostabout$8,000andneeded tothenbeapprovedbytheUSPatent&TrademarkOffice(USPTO).Withsuchalargeupfrontrisk, manywerediscouragedfrompursuing. Someotherswouldbuypatent-it-yourselfkitsorbooksonlytorealizethatittakesalotofknowledge and experience to properly draft a quality patent application and respond to rejections from the USPTO. Finally, some inventors turned to invention promotion companies, which frequently give "free inventor's kits" and advertise on late-night TV. They would then realize that these companies sell claimstobringaninventiontomarketandareinthebusinesstopromoteaninvention,notpatentit. ThoughtstoPaperwantedtobetheresourcewhereinventorscouldgoandhavetheresourcesto prepareandfileaqualitypatentapplicationatareasonableprice.

  8. TalkToUs MailingAddress 20251CenturyBlvdSte140 Germantown, MD20874 Phonenumber (800)919-2493 FaxNumber (800)554-2108

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