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.
Patent prosecution is the process of drafting, filing, and negotiating with the U.S. Patent and Trademark Office (USPTO) in order to obtain patent protection and rights for an invention.
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.
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.
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.
The Poor Man's Patent Is Obsolete Being the first to invent will no longer save you is someone else filed first. So even if you did write out the idea for your invention and mailed it to yourself, that date would not matter.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
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.