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Return To Invention FAQ Archive   Search the Archives What is the process for getting a patent? Answered By Elsie Ivins, Editor Getting a patent is a time-consuming process. It takes around five years to patent your invention completely. There are several processes involve which includes filing an application with the United States Patent and Trademark Office, payment of applicable fees, and answering to office actions. Filing Application... It is the first process you will deal with in getting a patent. You and your patent attorney will begin to draft a patent application. It generally has two parts: (1) the detailed specification and (2) the patent claims. The first part will serve as the proof that you actually knows how to build and use the invention. Although the there is no requirement that you need to present an evidence that you actually construct the prototype, the written specification must be detailed enough. It is for the purpose that even an ordinary designer in the field of invention would be able to understand the specification and make use of it without further input from you. The second part defines the scope of the invention. First Office Action... Once you have prepared all the requirements and filed your application to the Patent and Trademark Office, it will be reviewed by a patent examiner trained in the field where your invention is related. You will be receiving a letter asking about your application or requires you to make changes to your application. It is called office actions. It is a must that you respond to it by making the requested amendments to your application. You can also argue with the examiner with regards to the objections specified in the office action. This process usually last for about six to eight months. Second Office Action... Upon finishing the review of your response to the first office action, the examiner has the option of either sending you the second office action or immediately issuing the patent. Second office actions usually happen when new problems arise from the response that you have made in the first office action. Once the examiner received your response to the second office action, he must issue a patent or completely reject your application. In case of rejection, you can make an appeal to the PTO and it takes two years to complete. Issuance... Once the patent examiner is contented with your application, you will now be required to pay the issuance fee. After paying, you have now exclusive rights to the invention. keywords: Invention | Inventor | Patent | Patent and Trademark Office

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