Sample Patent Flow Chart

Introduction: Attached below is a sample patent flow chart.  I start with the inventor’s conception of the idea.  Included are the steps to be taken to reach the point of possible patent filing.  (Note my sample assumes that a provisional application is filed first.  However it is possible to go directly to the Non-provisional application…

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Track One Program of USPTO

OBSERVATION: Track One: I recently extolled the virtues of paying an added fee at filing of your application in order to be placed on the UPSTO “Track One” Program for expedited review.  See my article “Priority Review, Move to the Front of the Line”. I reviewed the file wrapper history of a patent case filed on…

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Priority Review: Move to Front of Line

INTRODUCTION: The wait time between filing you patent application and the first office action can be frustratingly long.  Priority Review Track One. See my earlier article for Expedited Examination.  The duration depends upon the Group Art Unit (GAU) to which your application has been assigned.  You may have limited ability to influence the GAU to which your application is…

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Patent Classification Review

Introduction Crafting the specification, and particularly the claims, of a patent application can be critical to the chances of ultimate allowance of the application into a legally enforceable patent.  This applies not only to distinguishing your invention over the prior art or confirming that your invention is eligible for patent protection, e.g., not merely an abstract…

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Strategic Response to Rejection

Introduction Many suspect that the patent application process is a bureaucratic morass.  The fate of your patent application can appear to be tied to the whims of a faceless patent examiner.  It can be.  But the astute applicant can expedite the process. Discussion The patent examiner responsible for examining and processing your application is selected by a process…

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PATENT APPLICATION FLOW CHART

  Introduction The following is a simplified description on one possible chain of events that occur in the patenting process.  This is a hypothetical patent application flow chart.  See my article on “Behind the First to File Rules“.  Also review my article regarding “Patent Application Elements“. Pre-Filing Outline Document invention in writing, signed and dated…

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PATENT TERM

Introduction The term of a U.S. patent extends for 20 years from the date the non-provisional application was filed.  Prior to 1995, the patent terms was 17 years after the patent issued.   Since the patent term begins at the date of application filing, this means that the patent term is running during the term…

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CHALLENGING JUNK PATENTS II

Introduction Continuing with the topic of the USPTO issuing patents for items that are not truly patentable “developments”, the America Invents Act (AIA) introduced a significant change allowing third party submission of information to an examiner challenging the potential issuance of Junk Patents .  See my article Challenging Junk Patents Discussion You may become aware…

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