The Final Steps of the Patent Process
The final steps of the Patent Process Maintenance Fees and Expiration Dates Design patents are valid for 14 years from date of issue, and there are no maintenance fees required. Utility patents are good for 20 years from the date of filing, and there are three sets of maintenance fees due. You can check the USPTO database for current information on the dates the maintenance fees are due and the amount of the fee. We will also notify you, and can pay the maintenance fees for you with a nominal fee for our services. Licensing, selling your...
read moreIssuance of a Patent
Issuance of a Patent Hopefully after one or two responses, the USPTO examiner will allow your invention to issue as a patent. Once we get a Notice of Allowance, you have at least one more important decision to make. Since the publication of your patent application, the issuance of your patent, and any public sales of your product (or trade show displays, licensing meetings, etc.) may count as “public disclosures”, once your patent issues you may be precluded from filing further patent applications on improvements to your invention...
read moreExamination and Office Actions
Examination and Office Actions When your application is finally examined, the USPTO will issue an “Office Action” which sets forth the examiner’s opinion of the patentability of the invention, describes any rejections of the drawings submitted, and points out any questions he/she has with the words and phrases used in the application. Under the recent KSR case, it is not uncommon for all claims to be rejected in a first Office Action. When we get the Office Action, we will give it a brief review, and send a copy to the client. We ask...
read moreWhat can you do after Filing your Application?
Once you are filed, what do you do? Can I show my invention? You can be barred from obtaining a patent if you fail to file an application within 1 year of your first sale or public disclosure of your invention. Once you have filed your application, you can publically disclose your invention without having it count against you. Another reason to get a patent application filed is to get your filing date such that anyone who sees your invention and tries to steal it by filing their own patent application on your invention, will have a...
read moreProvisional Patent or Utility Patent Application: What to file?
How to decide between a Provisional Patent or Utility Patent Application If you choose either of these routes, the first thing we need is a “snapshot” of the invention as of the date we begin the patent application. Many inventors want to change the invention during the time we are writing the patent application. We can accommodate changes, but please realize that we will charge hourly for any changes to the invention outside of the “snapshot” you give us to begin drafting the application. Once we have a concrete idea of the...
read moreThe Design Patent Application: What you need to know
If you decide on a Design Patent Application If you choose this route, either as an alternative to or in combination with a utility patent application, you need to get professional patent illustrations completed. These need to show the traditional “7 views” of the invention: front, back, top, bottom, right side, left side, and perspective. We urge inventors not to try to do their own patent illustrations unless they are highly proficient in graphics programs AND are fully knowledgeable about USPTO drawing requirements. Professional...
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