What Happens After Inventors File A Regular Patent Application?

After filing a regular patent application, the U.S. Patent Office examines the patent application and either issues an Office Action or a Notice of Allowance. While a Notice of Allowance would be nice, it is rare that the Examiner will issue a Notice of Allowance after the first examination. It’s more likely that you will get an Office Action.
In the Office Action, the Examiner may reject the claims in the patent application, or reject a portion of the claims in the patent application and indicate those portions which may be allowable. Applicants have an opportunity to respond to the Office Action. Typically, applicants will have 3 months in which to file a formal written Response. Applicants can typically buy extensions of time for an additional 3 months (for a total of 6 months to file a Response).

Failure to file a Response within the allotted time can result in a patent application going abandoned.

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Mark Trenner is a patent attorney, licensed with the U.S. Patent Office and in the state of Colorado. Mr. Trenner has over 15 years experience in the intellectual property field, and started Trenner Law Firm in 2004 to serve independent inventors, small and medium size businesses, and large corporations. General Information Only - Not Legal Advice (see full disclaimer below).