The Patent Process
Application to Allowance to Issue
- UPR provides Documents to the Inventor
PROCESS:- United Patent Research (UPR) prepares release documents to be sent to inventor and Patent Attorney referral acceptance.
- Inventor returns approved referral letters to UPR.
- UPR provides referred patent attorney with all pertinent inventor/invention documentation to provide the legal prosecution of the patent.
- United Patent Research (UPR) prepares release documents to be sent to inventor and Patent Attorney referral acceptance.
- Documents received by Patent Attorney
PROCESS:
- Patent attorney prepares paper work for patent application process
- Inventor decides which US patent to pursue, utility or design, based on the legal opinion of patentability enclosed in report.
- Inventor signs document for patent selection and sends it to UPR. UPR provides patent attorney with the patent option selected by the inventor.
- Patent attorney receives documents and begins the patent application process. Attorney will begin the EU Community Design Patent filing and/or the China Patent as well, if contracted.
Note that UPR will coordinate the work and information flow between the inventor and the patent attorney.
- Patent attorney prepares paper work for patent application process
- Patent Office Systems and Procedures
PROCESS:
- Patent Office receives patent application from the patent attorney. Pre-examination by the USPTO, which includes:
- Serial number assigned
- Fees recorded
- Tentative classification, and screened for security sensitive documents
- Electronic scanning for pre-grant publication
- Licensing and review
- Administrative examination, data entry, filing receipt mailed
TIME: Approximately 3 to 4 months at the Patent Office. - Serial number assigned
- Patent Office receives patent application from the patent attorney. Pre-examination by the USPTO, which includes:
- Patent Examination at the USPTO
PROCESS:
- Application assigned to examining unit, then to examiner. Classified for pre-grant publication. Examiner’s first action.
- Applicant response.
- Second and subsequent examiner actions to final allowance or final rejection.
- Applicant responses.
- USPTO examiner allowance or rejection.
- Post-Examination at USPTO
PROCESS:
- Patent publication division: receipt and review of allowed case papers.
- Initial preparation and electronic data capture for printing and issue.
- File maintenance facility: match post-allowance papers and issue.
- Patent printed, issued and mailed to applicant.
TIME: This process at the USPTO should take between 2 to 3 months for completion.
- Patent publication division: receipt and review of allowed case papers.
- Applicant receives issued Patent from the USPTO. The Process is complete.
PLEASE NOTE THAT THE ABOVE TIME REFERENCES ARE ONLY APPROXIMATE. YOUR ACTUAL PROCESSING MAY BE MORE OR LESS THAN THE TIME INDICATED.
IN ADDITION, THE ABOVE DOES NOT INCLUDE THE PROCESSING OF THE INTERNATIONAL PATENT APPLICATION.