When you draft your patent application with an attorney, do make sure signing a Non-Disclosure Agreement. The more the number and complex the details the more time it will take. Therefore, depending upon their queue and availability, it can take longer or shorter wait times. Track One : through this mode of examination your patent application gets special priority and you will get the final result within 12 months period of time.
This is applicable to your utility and plant patent applications. Moreover, the requirements are less as compared to a regular utility patent application. Also, there is no need to perform a pre-examination search with Track One prioritized examination. Figure 1 — Patent Lifecycle Here we will discuss the US National phase examination of the patent application, starting from the stage of Patent Filing. Patent Filing Patent filing is the process of submitting an application in the patent office requesting a grant of a patent to your invention.
Publication Publication of patent application in the patent office journal after 18 months of the date of filing. Request for Examination A request for examination of the patent application is filed within 48 months of the filing date or the priority date. Pre-grant Opposition When a third party raises doubt over the patentability of the invention after its publication.
On receiving opposition controller of the PTO office issues a notice to the patentee. The controller of the patent office dispose-off the pre-grant opposition within a 1 month time period either by: Rejecting the opposition and granting the patent Accepting the opposition and rejecting the application By amending the application and granting the patent. Filing Response These are the response to the office actions after making the required amendments in the patent application sought for patent grants.
The time period for filing an office action response is 1, 2, or 3 months maximum extension- 6 months. File a response within 2 months of final office action then there is no fee charged by USPTO for filing the response. Request for Continued Examination RCE An applicant files an RCE when the applicant receives the final office action and wants a continued examination of the amendments made to the claims of his invention. Patent Grant Patent grant is the right given to the inventor over his invention product, design, and utility thereof for a limited period of time.
Hence, you should invest a lot of time on this step in order to be thorough. It is vital to draft your patent application properly. Needless to say, everything depends on the quality of your draft.
So you must make sure that you cover everything in your draft. This includes perfecting your description, patent claims , and patent illustrations.
Hence, spending a lot of time on perfecting your draft is highly advisable. This is the longest step in the patent filing timeline. In addition, there are variations in the time it takes for your application to reach the desk of an examiner. The average time an examiner takes to review an application is 21 months. Furthermore, you need to wait for about 32 months to get a patent. But, the time duration depends on your interactions with your examiner. For advice in a particular case, a registered patent practitioner or attorney should be consulted.
The following document is provided to assist you in locating information required for estimating a patent term expiration date:. A patent owner or the public must consider the following factors in calculating the expiration date of a patent for utility and plant applications.
The factors include the following:. The term of a patent is important in that it provides the specified period for infringement. In general, for the term of a patent, whoever without authority makes, uses, offers to sell or sells the patented invention, within the United States, or imports into the United States any patented invention during the term is an infringer of the patent and may be subject to monetary damages, injunction and other forms of legal relief. We are interested in hearing from you regarding the ease of use and accuracy of this web page, the Patent Term Calculator and the Quick Guide.
Once the patent expires or is abandoned, the protection from exploitation wanes. You no longer own the exclusive rights to the invention, and the proprietary information about your invention becomes available to the public.
This means other people can create, improve upon, sell, import, distribute, and claim your invention for themselves without your permission. Are you ready to file your patent application? To make sure you're complying with the specific time limits, you can post your legal need on UpCounsel's marketplace.
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