Patent Appication Process

Steps:


Search


It is first necessary to do a patent search (also referred to as patent research) prior to filing at patent. There are two approaches here, 

1. To do basic research and then wait for the patent examining office to respond with their own research results. This is the budget approach. The advantage is that the inventor saves money on the application process. It is necessary to do basic research, as it would be imprudent to file a patent without any research, as the patent examiner might find the proposed patent to lack novelty and then not respond with any research of their own. 

2. The second approach is to do comprehensive search prior to application. The advantage of this step is that the inventor has greater information prior to filing if his or her invention is in fact patent-able. Second, this information may assist in drafting a more comprehensive patent application. The downside is the additional cost of the patent search. 


Claims drafting

Drafting of patent claims must be drafted that cite prior art and explain the novelty and the demonstrate an inventive step (if relevant)


Drawings

Drawings must be made by an engineer that accurately depict the invention


Application forms

The application form must be properly filled out. 


Filing

The application forms, the drawings, and the claims are filed with the relevant government authority. 


Payment of government fees

Necessary government fees are paid. In some countries the government fees are discounted if the applicant is a small or large enterprise. 


Examiner response

The examiner does their own search and review of the application. They draft a response and send to the applicant or the applicants's agent. In many cases the examiner will generate a report called an Office Action that raises further questions or concerns. If the examiner has no concerns and agrees with the claims, the application will proceed to grant of patent. 


Respond to Examiner's Office Action

The examiners concerns, often referred to as an Office Action, must be met through a response to . 


Grant or Final Refusal

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