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A U.S. patent for an invention is the grant of "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States.
The following describes the basic steps in the application process. Each application is different and may need some additional research. Others are less complex and can be processed in potentially less time. Many patent applications will follow these basic steps:

Disclosure:
A disclosure highlighting the invention in the inventors own words is generally the first step in pursuing a patent. Based on the disclosure, we can either perform a novelty search or begin to prepare a patent application.

Novelty Search:
A novelty search involves searching one or more public databases for materials similar to what is described in the disclosure.

Continuance:
Once the novelty search is performed, a decision is made whether to continue on pursuing patent protection.

Draft Application:
An attorney will prepare a patent application by converting the invention disclosure into a draft application. An approach where drafts are sent between the inventor and the attorney normally provides the best results.

Revisions:
The inventor reviews the draft application and makes any changes, modifications, or revisions as needed. In some cases this step is not needed.

Application:
Once the inventor is satisfied with the draft application, the draft application is filed with the United States Patent Office and becomes a patent application and is assigned a serial number.

Patent Office Response:
The Patent Office normally responds to a patent application within approximately 1-2 years of the filing date. The Patent Office may respond with an acceptance of all the claims, a rejection of all the claims, or an acceptance of some claims and a rejection of other claims.

Applicant Response:
A response is then prepared with appropriate input from the inventor when requested. While the majority of our cases only require a single response to the Patent Office, some cases, depending on the particular art, may require two or more responses.

Issue of Patent:
If issues are resolved with the Patent Office, a number of formal details are taken care of and ultimately, a patent will issue.

  Christopher P. Maiorana, P.C.   Telephone: 586-498-0670    Fax: 586-498-0673


Copyright © 2003 CHRISTOPHER P. MAIORANA, P.C. All rights reserved.

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