• Patent Search

Before expending time and money preparing a patent application, it is a good idea to conduct a patent search. If an invention is already known, it cannot be patented. A patent search is designed to uncover prior patents, patent applications and other published references that disclose your exact (or similar) idea and/or invention. Although there is no guarantee that a patent search will uncover all relevant references - nothing is perfect - a patent search can better indicate the likelihood or probability of obtaining a patent. Furthermore, a patent search is important because after reviewing the results, a patent application may be prepared to avoid ideas already known, thus increasing the chance an issued patent is obtained.

• Prepare Patent Application

Before a patent application is filed with the United States Patent and Trademark Office ("USPTO"), the patent application must be prepared. Preparing a patent application is a complex process. Different types of patent applications require different sections and different types of information and all require the payment of different fees. For example, a Utility Patent Application typically includes the following sections: (1) Title of the Invention, (2) Related Applications, (3) Background of the Invention, (4) Brief Summary, (5) Brief Description of the Drawings, (6) Drawings, (7) Detailed Description, (8) Claims, and (9) Abstract. Other patent applications will have different requirements. While an inventor may prepare his or her own patent application, given the complexity this involves and the intense scrutiny the application will undergo once examined by the USPTO, an inventor may want to consult with an experienced patent attorney.

• Examination of Patent Application

Once a patent application is filed, an inventor must wait for the USPTO to work through its backlog of patent applications before examination begins. All non-provisional patent applications are examined on a first come, first served basis. Typically, it takes 1 to 3 years before a patent application is examined. However, the time to initial examination may be shortened to about 4 to 6 months by filing a request for expedited examination - be aware that such a request must be made at the time the patent application is filed.

The USPTO first examines a patent application to determine whether all formalities have been followed. Formalities typically concern the requirements for items such as: application data sheets, declaration(s), powers of attorney and drawing formats. If any deficiency in formalities is found, the USPTO will ask the applicant to correct them. All formalities must be resolved before a patent application proceeds to substantive examination.

Once ready for substantive examination, the USPTO will examiner the application on the merits to determine whether a patent will be issued. If the USPTO rejects a patent application, it will issue an Office Action explaining the reasons for the rejection. If an application is rejected, a response may be filed to convince the USPTO that the application should be allowed to issue as a patent.