How Does the Patent Examination Process Work?

If you’re looking to obtain a patent, you’ve most likely heard of the patent examination process, wherein your patent will be scrutinized to determine whether it truly qualifies. Read on and reach out to a knowledgeable New Orleans, Louisiana patent lawyer to learn more about this process and how Lemler IP can effectively guide you through it.

What is the Initial Step in Filing a Patent?

Filing a patent application is the first critical step. Inventors must submit a detailed application to the United States Patent and Trademark Office (USPTO). This application includes claims defining the invention’s scope and uniqueness. It is important to remember that you cannot broaden the disclosure of your invention after filing the application, you can only narrow the disclosure through the process. Following submission, the USPTO assigns an examiner to the case. The application must comply with the regulations outlined in Title 35 of the United States Code.

How is a Patent Application Examined?

The examination begins with a thorough review. The assigned patent examiner scrutinizes the application for compliance with statutory requirements. Examiners assess whether the invention is patentable subject matter, novel, non-obvious, and useful.

They also compare the claims against existing patents and publications, known as “prior art.” During this stage, the examiner might issue an Office Action.

An Office Action details any objections or rejections regarding the application. Title 35, Section 101 deals with the patentable subject matter requirement, Section 102, specifies the novelty requirements, and Section 103 addresses non-obviousness.

The applicant must respond to the Office Action by amending claims, providing additional information with reference to the original invention disclosure, or arguing against the examiner’s objections.

From here, the examiner reviews the applicant’s response and may issue subsequent Office Actions until all issues are resolved.

If the examiner finds the application meets all requirements, a Notice of Allowance is issued and you will have three months from the date of mailing the Notice of Allowance to pay the issue fee. If not, a final rejection may be given, which the applicant can appeal.

Finally, upon payment of the issue fee, the patent is granted and published.

How Can an Attorney Assist in the Patent Process?

Lemler IP can help inventors in various facets of the patent application process, including the following:

• Helping ensure compliance with all legal requirements.
• Assisting with responding to Office Actions effectively.
• Providing strategic advice on how to draft strong, defensible patent claims.
• Overall increasing the chances of a successful patent grant.

To learn more about the patent examination process, or if you need a skilled IP lawyer in your corner, simply contact Lemler IP today. Lemler IP has successfully guided countless clients through the patent process over the years, and the firm stands ready to do the same for you.