Jimmy Carter
Submitting a Patent Application is a major milestone in the process of protecting your invention. However, the journey doesn’t end there. Once your application is filed, it enters a structured legal and administrative process that can take months or even years to complete. Understanding what happens next helps inventors prepare for the steps ahead and manage expectations throughout the process.
Acknowledgment of Submission
Immediately after submission, the patent office provides an official receipt or acknowledgment. This includes a filing date and application number. From this point, your invention is considered “patent pending,” which means that while a patent has not yet been granted, legal protection is in progress.
This filing date is extremely important, especially in a “first-to-file” system, where priority is given to the earliest applicant. The earlier you file, the more secure your claim becomes against future applications for similar inventions.
Preliminary Review by the Patent Office
After submission, the application undergoes a preliminary check to ensure all necessary documents are included and properly formatted. This is not a full examination, but a basic check for completeness. If anything is missing or improperly filed, you may receive a notice to correct the deficiency.
This stage is also when the application is formally entered into the patent office’s database, where it will await examination.
Publication of the Patent Application
In most jurisdictions, a patent application is published 18 months after the earliest filing date. This publication includes all the technical details, claims, and drawings submitted with the application.
Once published, your invention becomes publicly accessible, which serves two main purposes:
- It puts others on notice that the invention is pending protection.
- It contributes to the body of technical knowledge available for public use.
Although publication does not grant enforceable rights, it provides visibility and can help deter potential infringement.
Examination Phase
The examination phase is where the core review of your patent application begins. A patent examiner is assigned to review the content in detail. This includes evaluating whether the invention is novel, non-obvious, and useful.
The examiner conducts a prior art search to find any existing patents or published material that might conflict with your invention. Based on this review, the examiner may raise objections or rejections in an official communication known as an office action.
Responding to Office Actions
Office actions are a routine part of the patent process. They may point out issues with your claims, ask for clarification, or reject certain parts of the application due to existing prior art. You will be given a deadline to respond—usually a few months.
Your response may include revisions to the claims, legal arguments supporting your application, or additional documentation. In many cases, multiple rounds of office actions and responses may occur before a final decision is made.
Grant or Final Rejection
If the examiner is satisfied with your responses and finds no remaining issues, the patent will be allowed. You will then receive a Notice of Allowance, and upon payment of the issue fee, the patent will be officially granted.
On the other hand, if the examiner maintains the rejection after your responses, the application may be finally rejected. You still have the option to appeal or file a continuation application with amended claims for further consideration.
Maintaining Your Patent
Once granted, a patent does not last forever without action. You must pay maintenance fees at regular intervals to keep the patent active. Failing to pay these fees can result in the patent expiring before its maximum term.
Conclusion
Submitting a patent application sets in motion a detailed and time-sensitive process involving publication, examination, and communication with the patent office. Understanding what happens after submission allows inventors to respond effectively, protect their invention, and ultimately move closer to securing full patent rights. Patience, attention to detail, and readiness to engage in follow-up steps are essential for success.
