The Patent Application Process

There are two options for filing a patent application. Both provide “patent pending” status. However, the type of patent application determines how long that pending status can be in place.

Provisional Patent Application

A provisional patent application provides “patent pending” status for up to one year. The United States is the only country that offers this type of application, and it can serve as an International Filing Date. Of note, it is not examined by the USPTO, and it will never issue as a patent. A Non-Provisional Patent Application must be filed within one year to obtain patent protection. 

Steps to filing your provisional patent application:

1.  Prior Art Search to see what other similar inventions already exist. This step is optional - USPTO does not require us to perform a prior art search, but it can be useful.
2. Relay all relevant information about the invention and any drawings to the Patent Attorney.
3. Patent Attorney prepares Provisional Patent Application and sends to you for your review and approval. 
4. Patent Attorney files Provisional Patent Application.
5. One year clock starts ticking to file the Non-Provisional Patent Application.

Non Provisional Patent Application

A non provisional patent application provides “patent pending” status for as long as the application is pending. It is examined by the USPTO to determine whether the invention is useful, novel, and non obvious.

Steps to filing your non provisional patent application:

1. Prior Art Search to see what other similar inventions already exist. This step is optional - USPTO does not require us to perform a prior art search, but it can be useful - may have been done prior to or after filling Provisional Patent Application.  
2. Relay all relevant information about the invention and any drawings to the Patent Attorney.
3. Patent Attorney prepares Non Provisional Patent Application (and obtains formal drawing figures) and sends it to you for your review and approval. 
4. Patent Attorney files Non Provisional Patent Application.  
5. Patent Examiner reviews the patent and may issue one of the following:
   • Restriction Requirement  
   • If the Patent Examiner determines that there is more than one invention in the Non-Provisional Patent Application, then we must select only one invention (legal fee applies).
   • Office Action 
   • If the Patent Examiner determines that the invention lacks novelty or is obvious, then he or she will reject the patent application. This is very common and happens in about 90% of applications. At this time, we have an opportunity to make arguments in support of patentability (legal fee applies and varies depending on complexity). 
   • Notice of Allowance 
     • If the Patent Examiner does not find a reason to reject the patent application, then he or she will allow the case and we will have to pay an Issue Fee so that the patent issues - this notice may also issue after responding to a Restriction Requirement or Office Action, Respond to the Restriction Requirement, Office Action, or Notice of Allowance.

6. If we receive a Notice of Allowance and we pay the Issue Fee, the patent will issue.

7. At the 3.5 year mark, 7.5 year mark, and 11 year mark after filing - we must pay maintenance fees.

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