How does the U.S. patent process work?
Once a patent application is prepared, usually by a patent attorney, it is filed with the U.S. Patent and Trademark Office. Since the U.S. Patent and Trademark Office receives on the order of 250,000 patent applications each year, you can expect a 10-12 month delay before receiving any response from them. A Patent Examiner will review the application and perform a patentability search based on the claims of your application. A First Office Action from a Patent Examiner is then issued. In the majority of cases, the First Office Action will contain a rejection of some or all of the claims in the application. A Response to the Office Action is typically prepared and filed by patent counsel. The process which occurs between the Patent Examiner and your Patent Attorney during which your Patent Attorney seeks appropriate protection for you on your behalf is referred to as “patent prosecution.” If the Patent Examiner is persuaded by the Response, the Patent Examiner will issue a Notice of All
