Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
Getting a patent can take two or three years after you file your application. This process, which is known as patent prosecution, may become longer and more complicated if your patent faces opposition, or if the U.S. Patent and Trademark Office (USPTO) asks for more information.
The patent-approval process is lengthy. It typically takes nearly two years but can take as long as five years or more. The "patent pending" designation gives the inventor some level of protection in the meantime. A patent-pending status granted through a provisional patent is meant to last for one year.
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
File to Acceptance: 12 to 32 months After filing, your application will be assigned to a patent examiner within the USPTO. The length of the examiner's queue, the complexity of your invention, and the type of application you have filed will determine your wait length.
You'll first need to complete a science, engineering, or technical degree (usually 4 years), followed by law school to earn a Juris Doctor (JD) degree (about 3 years). After that, you must pass the state bar exam and the USPTO registration exam (also known as the patent bar).
Types of patents. There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.
A. The patent laws of the United States permit any inventor, regardless of his/her citizenship, to apply for a U.S. patent. There are, however, a number of rules of special interest to applicants located in foreign countries.
Patent application forms can be found on the USPTO website. All of the forms related to patent applications can be found on the link here, or by navigating to the USPTO website and clicking on the “Forms” link under the “Apply for a Patent” section on the “Patents” page.
A patent trial begins with the plaintiff filing a complaint alleging infringement of one or more patents. The defendant (accused infringer) files an answer, alleging non-infringement and asserting various defences. The parties proceed to fact and expert discovery, motion practice, pretrial briefing and trial.