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The Oakwood Law Group, LLP works with each client -- every step of the way...Our fees outline the work that we will perform. Initally we charge for #1 and/or 2 below. Prosecution #3 is charged seperately. There are also USPTO fees that should also be reviewed by a new inventor and this information can be found at the following USPTO link. Our fees do not include any USPTO fees esp. #4 in our list below. Note that there are fees to the USPTO for filing, allowance, and maintenance -- at 3.5 years, 7.5 years, and 11.5 years after a patent has been issued. Call us and we can go over each of the steps of the process and all of the various fees you can anticipate along 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.