Patent Application Process

A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office.To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification.The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent office with regard to a patent after its grant, is known as patent prosecution. Patent prosecution is distinct from patent litigation which relates to legal proceedings for infringement of a patent after it is granted.

In this tutorial we have discussed the criteria for patentability, the different types of patents, and the process for filing provisional applications. In the next tutorial we will discuss timelines and costs in greater detail.

You are the expert on your invention, but you need something more than an invention: you need a patent. Work with an expert on getting a patent, and make sure that both you and your lawyer do what you are best at. If you're ready to file a patent, LegalZoom can help.

Prepare Your Application: Include detailed descriptions and claims delineating your inventions scope. File Your Application with the USPTO: Submit your application with the required fees. Prosecute Your Application: Respond to objections and rejections from the USPTO.