The Patent Examination Process

Описание: A detailed guide to the patent examination process at the USPTO. When a non-provisional patent application is filed at the USPTO, it is examined to determine whether it meets the requirements for patentability, and if so the patent application will be allowed to issue as a patent. This video explains what the patent examination process is like and what to expect from it when you file your patent application. The video includes:

1) Only non-provisionals are examined
2) 1-3 years before examination begins
3) Patent Examiner does a prior art search to determine whether the invention as claimed is new and non-obvious.
Claims are a series of about 20 numbered sentences at the end of the patent application that define what will be covered by the patent if the application issues
Examination is like a negotiation where you are trying to get the broadest claims possible while convincing the Examiner that the claims are new and non-obvious in view of the prior art
Patents are a spectrum and can be broad or narrow depending on the language of the claims
Any description of technology can be cited as prior art by the Examiner, but issued patents and published patent applications are typically what Examiners use to make prior art rejections
About 95% of patent applications will be initially rejected based on prior art rejections
The Examiner writes an “Office Action” that explains the rejections and sends it to your patent attorney.
Your attorney will prepare a response to the Office Action and file it at the USPTO
The response will include one or both of arguments against the rejections and amendments to the claims.
The Examiner will consider the response and allow the case or prepare a second Office Action that maintains the previous rejections or asserts new ones.
This back and forth will continue until a patent issues from the application or the applicant gives up and allows the application to go abandoned.
If the Examiner is convinced that the claims describe an invention that is new and non-obvious over the prior art, the Examiner sends a Notice of Allowance, which sets a deadline to pay an issue fee.
Once the issue fee is paid, the application will issue as a patent within a few weeks.
The overall patent process can be as short as a year, but can take as long as five years or more in some cases.

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Additional Patent & Startup Resources:
My best-selling book, Patents Demystified: https://amzn.to/2MX5le9
The top book on licensing your idea or invention: https://amzn.to/3tDLSib (One Simple Idea by Stephen Key)
When to file a patent application: https://www.dwt.com/blogs/startup-law...
Is software patentable: https://www.dwt.com/blogs/startup-law...
My appearance on CNBC’s “The Profit” with Marcus Lemonis: https://www.cnbc.com/video/2019/11/08...

**** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. *****