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What to
Expect After
Filing a
Patent
Application?
By: Thoughts To Paper | w w w. thoughts topaper. com
Soyourpatentapplicationis filed, whatcanyouexpectnextfromtheUSPatentOffice? Readontolearn
aboutinformality,restriction,rejection,andallowance.
Thisarticlefocuses onwhathappensafter youfile anon-provisionalpatentapplication.Itdoesnot
applytoprovisionalpatentapplications.Tounderstandprovisionalversusnon-provisionalpatent
applications,seeourotherpostsonprovisionalpatentapplicationversusnon-provisionalpatent
application.
Afteryournon-provisionalpatentapplicationis filed, youmayreceiveoneof thefollowingtypesof
noticesfromtheUSPatentandTrademarkOffice (USPTO).AnynoticefromtheUSPTOis calledanoffice
action
OVERVIEW
Inform ality
www. thoughtstopaper. com
An informality is received when there is something
wrong with how the application was filed. Perhaps
some paperwork is missing, the paperwork was not
completed properly, or you didn't pay enough fees. 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
the issues raised by USPTO and you still get to keep the
priority date of when you filed the application. The
patent application will then wait in line to be looked at,
or examined, by a USPTO patent examiner.
Informality
A restriction is issued when a patent examiner at USPTO
believes your patent application covers more than one
invention. Frequently, it is when you have two versions
of your invention. For example, a computer mouse that
can have two buttons or it could have three buttons.
These are two versions of the invention and the
examiner only wants to look at one version. You must
decide which version you want the examiner to look at
by selecting one.
Restriction
www. thoughtstopaper. com
Rejection
www. thoughtstopaper. com
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. Upon receipt of a rejection, we can respond back to
the examiner and make our arguments as to why we
think your invention is not too similar to the existing
inventions, and why we think you deserve a patent. It is
possible to go through multiple rounds of rejection-
and-response with the examiner before your
application may be allowed
An allowance is issued when the patent examiner
believes your invention is patentable as it meets the
patent ability criteria of being novel, non-obvious, and
useful.
This is the final step before you have a patent. The only
thing left to do is pay the issuance fee and your patent
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 from USPTO.
Allowance
www. thoughtstopaper. com
ABOUT US
Thoughts to Paper was started to provide everyday individuals and small businesses with quality
services to patent an invention, design, or idea.
Some called patent firms to hear that their patent application would cost about $8,000 and needed
to then be approved by the US Patent & Trademark Office (USPTO). With such a large up front risk,
many were discouraged from pursuing.
Some others would buy patent-it-yourself kits or books only to realize that it takes a lot of knowledge
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
claims to bring an invention to market and are in the business to promote an invention, not patent it.
Thoughts to Paper wanted to be the resource where inventors could go and have the resources to
prepare and file a quality patent application at a reasonable price.
Talk To Us
Mailing Address
20251 Century Blvd Ste 140
Germantown, MD 20874
Phone number
(800) 919-2493
Fax Number
(800) 554-2108

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What to Expect After Filing a Patent Application?

  • 1. What to Expect After Filing a Patent Application? By: Thoughts To Paper | w w w. thoughts topaper. com
  • 2. Soyourpatentapplicationis filed, whatcanyouexpectnextfromtheUSPatentOffice? Readontolearn aboutinformality,restriction,rejection,andallowance. Thisarticlefocuses onwhathappensafter youfile anon-provisionalpatentapplication.Itdoesnot applytoprovisionalpatentapplications.Tounderstandprovisionalversusnon-provisionalpatent applications,seeourotherpostsonprovisionalpatentapplicationversusnon-provisionalpatent application. Afteryournon-provisionalpatentapplicationis filed, youmayreceiveoneof thefollowingtypesof noticesfromtheUSPatentandTrademarkOffice (USPTO).AnynoticefromtheUSPTOis calledanoffice action OVERVIEW
  • 3. Inform ality www. thoughtstopaper. com An informality is received when there is something wrong with how the application was filed. Perhaps some paperwork is missing, the paperwork was not completed properly, or you didn't pay enough fees. 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 the issues raised by USPTO and you still get to keep the priority date of when you filed the application. The patent application will then wait in line to be looked at, or examined, by a USPTO patent examiner. Informality
  • 4. A restriction is issued when a patent examiner at USPTO believes your patent application covers more than one invention. Frequently, it is when you have two versions of your invention. For example, a computer mouse that can have two buttons or it could have three buttons. These are two versions of the invention and the examiner only wants to look at one version. You must decide which version you want the examiner to look at by selecting one. Restriction www. thoughtstopaper. com
  • 5. Rejection www. thoughtstopaper. com 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. Upon receipt of a rejection, we can respond back to the examiner and make our arguments as to why we think your invention is not too similar to the existing inventions, and why we think you deserve a patent. It is possible to go through multiple rounds of rejection- and-response with the examiner before your application may be allowed
  • 6. An allowance is issued when the patent examiner believes your invention is patentable as it meets the patent ability criteria of being novel, non-obvious, and useful. This is the final step before you have a patent. The only thing left to do is pay the issuance fee and your patent 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 from USPTO. Allowance www. thoughtstopaper. com
  • 7. ABOUT US Thoughts to Paper was started to provide everyday individuals and small businesses with quality services to patent an invention, design, or idea. Some called patent firms to hear that their patent application would cost about $8,000 and needed to then be approved by the US Patent & Trademark Office (USPTO). With such a large up front risk, many were discouraged from pursuing. Some others would buy patent-it-yourself kits or books only to realize that it takes a lot of knowledge 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 claims to bring an invention to market and are in the business to promote an invention, not patent it. Thoughts to Paper wanted to be the resource where inventors could go and have the resources to prepare and file a quality patent application at a reasonable price.
  • 8. Talk To Us Mailing Address 20251 Century Blvd Ste 140 Germantown, MD 20874 Phone number (800) 919-2493 Fax Number (800) 554-2108