Oakwood Law Group - U.S. Patent Filing Process


	“One name, one firm, one vision…” Oakwood works with each client -- every step of the way... Overview of the U.S. Patent Filing Process 1. Initial Conference and Patent Search The Patent Process begins with a conference between the inventor and the attorney at which time the attorney reviews the invention disclosure and assesses whether the invention is patentable. The disclosure should describe the invention as well as include one or more drawings of the invention. At this time the attorney will normally request authorization to make a patentability search and will prepare an opinion on the scope of the prior art found during the search. 2. Preparation and Filing of Application The preparation and filing of a patent application requires approximately three months after the patentability search has been carried out. Once the patent application has been filed, the invention can be marked as “patent pending”. 3. Response to Patent Office Action The response by the examiner to an application is an “Office Action”. Herein the examiner identifies patents which he/she found during a search and gives reasons why the claims in the application are either in condition for allowance or are rejected. At this point the attorney prepares the response which traverses the examiner’s findings while possibly amending the claims. It is rare that the examiner allows all the claims immediately and it should not come as a surprise when the initial response by the USPTO is a rejection. 4. Allowance and Issuance of US Patent After all the objections raised by the examiner have been meaningfully addressed, the application is allowed and a document called “Notice of Allowance” is issued.

“One name, one firm, one vision…”

Oakwood works with each client -- every step of the way...

Overview of the U.S. Patent Filing Process

1. Initial Conference and Patent Search

The Patent Process begins with a conference between the inventor and the attorney at which time the attorney reviews the invention disclosure and assesses whether the invention is patentable. The disclosure should describe the invention as well as include one or more drawings of the invention.

At this time the attorney will normally request authorization to make a patentability search and will prepare an opinion on the scope of the prior art found during the search.

2. Preparation and Filing of Application

The preparation and filing of a patent application requires approximately three months after the patentability search has been carried out. Once the patent application has been filed, the invention can be marked as “patent pending”.

3. Response to Patent Office Action

The response by the examiner to an application is an “Office Action”. Herein the examiner identifies patents which he/she found during a search and gives reasons why the claims in the application are either in condition for allowance or are rejected. At this point the attorney prepares the response which traverses the examiner’s findings while possibly amending the claims.

It is rare that the examiner allows all the claims immediately and it should not come as a surprise when the initial response by the USPTO is a rejection.

4. Allowance and Issuance of US Patent

After all the objections raised by the examiner have been meaningfully addressed, the application is allowed and a document called “Notice of Allowance” is issued.