Patent Application Basics

A patent gives an inventor exclusive rights over the use of their invention. Any other person who wishes to replicate or use the invention must be granted permission by the inventor. To get a patent, you must file an application with the United States Patent and Trademark Office (PTO).

There are three types of patent applications:

A provisional application receives “pending” status for a year’s time, but does not yet enter the examination process, and is not published. This application is less expensive and easier to file than a non-provisional patent. After a year, the patent may be submitted to the PTO as a non-provisional application.

A non-provisional application directly enters the examination process. If it meets all PTO requirements, then it is published in the United States.

An international application is required if you wish to have exclusive rights over your invention in other countries. International applications must be filed separately from U.S. applications.

Overview of the Application Process

Consultation
- An attorney from our office will arrange to meet with you. At the meeting, be prepared to show or describe your invention to us.
- Then we will conduct research to determine if your invention meets the requirements for patent publication.

Draft of Application
- Our attorneys will work with you to tailor the patent application to your business or personal needs.
- At this stage, you must decide whether you wish to file a provisional, non-provisional, or international application.

Send Application with PTO
- We will file your application at the PTO. At this time, your patent receives “pending” status.
  - Provisional applications will stay “pending” for up to 12 months.
  - Non-provisional patents will stay “pending” until it is examined.
- It typically takes about a month before your patent application will be examined by an employee at the PTO.

Examination
- A PTO employee will examine your patent to determine if it meets all requirements. The PTO employee will either reject or allow the patent application.
  - If rejected, the invention will not be published. We will work with you to correct the reason for rejection, and re-submit it to the PTO.
  - If allowed, the invention will be published.
- Publication
  - Once the patent is allowed, it becomes your intellectual property. Now you have exclusive rights over your invention’s use!
  - Your patent will then be published in a catalogue to serve as notice to all other patent applicants.