What is involved in obtaining a patent?
First, an application is written and filed with the U.S. Patent and Trademark Office. The application must describe the invention in sufficient detail that someone who works in the technical field will be able to make and use the invention. After the application is filed, it eventually is examined by a patent examiner who then sends written comments, called an office action, back to the inventor, attorney, or agent who filed the application. Based on the contents of the office action, the application may be amended, arguments may be presented to the examiner, or both. There are usually one or two rounds of office actions and responses. If the examiner finds the application acceptable, it is then allowed to issue as a patent. If the examiner doesn’t find the application acceptable, several options are available, including filing a new application, appealing the examiner’s decision, and giving up on obtaining a patent for the invention. The client decides how to proceed at each step.
