The Patent Application Process

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• An inventor must submit a patent application to the USPTO to patent an invention or discovery
• Patent prosecution refers to the actions the USPTO must complete in order to grant a patent
  • it’s the period from submitting a patent application to receiving a decision on it
• Once USPTO receives a patent application, it reviews the requirements
  • Patent Office examiners conduct this review
    • is a USPTO employee with special skills
    • U.S. law requires patent examiners to have sufficient “legal knowledge and scientific ability” to conduct this review
• After review, an examiner either rejects the application or issues a patent
• inventor must pay patent maintenance fees once the USPTO issues a patent
  • keeps the patent in force
  • If an inventor does not maintain a patent, then other people can take advantage of it
  • maintenance fees are due at 3.5, 7.5, and 11.5 years after the original patent issue date

Components of Patent Application

• Specification
  • The written technical description of the invention
  • contains information about how to make and use the invention
  • must include enough information that a person with ordinary skill in the relevant area could make the invention based on the specification
  • must include at least one claim
    • defines the part of the invention that is to be protected by the patent
    • may have several different claims
• Drawings
  • The pictorial description of the invention
  • must completely describe the invention or discovery
  • help the USPTO understand the invention or discovery
• Oath
  • The inventor must sign an oath that he or she is the first inventor of the item described in the patent application
• Filing fees
  • are different filing fees based upon the type of patent
  • are also additional fees for large patent applications, search fees, and examination fees