What happens after I file my US patent application?
Once a patent application has been filed, the Patent Office (USPTO or PTO) will send an Official Filing
Receipt (OFR). The OFR will list the serial number and filing date along with the inventor information
specific to the application. After receiving the filing receipt, generally the Patent Office generally
does not send out anything for an average of 1-3 years.
Once the Patent Office starts the prosecution phase, things move quicker. There will be
additional attorney fees and Patent Office fees at each step. You should budget accordingly.
The Patent Office will generally start by sending an Office Action. The Office Action can
reject all of the claims or some of the claims (or allow all of the claims in a Notice of Allowance). Most
of the time, the first Office Action rejects at least some of the claims. This is nothing to worry
about. An amendment (or response) is normally needed to address the rejections the Patent Office has
presented in the Office Action.
If the amendment/response is successful, the Patent Office will mail a Notice of Allowance
in roughly 1-2 months. The next step is to pay the Issue Fee. There is a 90 day period from
the mailing date of the Notice of Allowance to make the payment. After the payment, a
patent will issue in about 4 weeks. Patents in the United States always issue on Tuesdays. Any
continuations need to be filed before the patent issues, and preferably before the issue fee is paid.
If the amendment/response is not successful in persuading the Patent Examiner that the
claims in the application are allowable, a final Office Action will be mailed. At this
point, either another amendment/response can be filed, or an
can be started. If
the claims are amended after a final Office Action, an RCE will likely be needed. If the
amendment/response is successful, a Notice of Allowance will be mailed. If the amendment/response
after final is not successful in persuading the Patent Examiner that the application is in order,
an Advisory Action will be mailed. An RCE or notice of appeal would be need to be filed, both
of which have additional Patent Office fees and Attorney fees. After an RCE is filed, the
Patent Office will respond by sending either a Notice of Allowance or a new Office Action.
Once the application issues as a patent, the patent will be subject to
to keep the patent in force. The Patent Office charges these maintenance fees at 3.5, 7.5, and 11.5
years from the issue date of the patent. You will always have the option of not paying the
maintenance fee if it proves not to be beneficial to you to keep the patent in force. However,
the patent will lapse as of the time six months after the maintenance fee is due and not paid.
You can always ask one of our Patent Lawyers for additional information. Please call us at
MI - 586-498-0670
CA - 408-890-6549
MAIORANA, P.C. - Registered Patent Attorneys - All rights reserved.
24840 Harper, Suite 100, St. Clair Shores, MI 48080
2880 Zanker Rd Suite 203, San Jose, CA 95134