A Brief Description of the Patent Process

I find alot of inventors that know that they need to protect their invention by filing a patent, but have not idea what steps the patent process entails. Therefore, I have prepared this short summaryto provide inventors with some basic information about the various steps in the patent process.

The patent process consists of the following stages:

1. Patentability Search

Normally your attorney will perform an U.S. Patent and Trademark Office (“USPTO”) database search of patents and published patent applications for so called "prior art that may be relevant to the patentability of your invention. Typically, a report provided to the client along with an opinion as to patentability. The client then decides based on the information found in the search whether to proceed with a patent application.

2. Preparation of the Application and Filing

Typically, the inventor and the attorney will have a face-to-face meeting where the client explains the invention and its function in detail. The information conveyed to the attorney is then used to write the application. Further, the client should provide rough drawings or a prototype of the invention that will be provided to the draftsperson for preparation of the patent drawings. The more detailed information about the invention (in writing and by way of figures) the patent attorney receives from the client, the more economical, cost-effective and efficient the preparation process will be.

3. Prosecution

After filing of an application, the prosecution phase begins. It typically takes 9 to 18 months before a response to the application is received from the USPTO. This phase is unpredictable and may consist of several written exchanges or telephone conferences with the Examiner. This phase can last six months to a year for simple technologies, or span several years for complex applications.

4. Maintenance

After a patent issues, maintenance fees are due the USPTO at 3.5 years, 7.5 years, and 11.5 years from the date of issue. We docket these dates and send reminders to the client, as well as provide assistance to our clients if they so desire.