Blog

Contact Us

5 Critical Stages Of The Patent Prosecution Process California

Posted by Barry Choobin | Sep 09, 2020 | 0 Comments

There are several critical stages of the patent prosecution process in California. The full-service patent prosecution approach consists of all the required steps to draft, file, and obtain your intellectual property protection. To easily navigate through the process, it is commonly recommended to work alongside an experienced patent prosecution agent. These certified professionals specialize in strategic claiming methodologies, portfolio counseling, and other critical services to help you obtain protection for your novel invention. With the help of these licensed practitioners, you can move your application from filing to issuance. Read on to learn about the critical stages of the patent prosecution process California.

Patentability Assessment

During the first stage of the patent prosecution process in California, you need to determine if your novel invention is eligible for intellectual property protection. To be granted a patent, your invention or idea must meet specific characteristics that make it novel and non-obvious. Simultaneously, your product must have a utility that makes it useful. If you are unfamiliar with IP laws and regulations, it is recommended to use an licensed California patent agent to help you perform a thorough search. Look for an experienced filing agent that is certified by the USPTO. With the help of a registered practitioner, you can easily conduct a search to determine the patentability of your idea.

Drafting

The next stage in the CA patent prosecution process requires you to draft your initial application. Patent drafting is the comprehensive process of preparing your initial application, which consists of your invention description and IP claims. Since your initial application conveys critical information about the inventor and invention, it must be prepared perfectly the first time. California patent agents have years of experience drafting strong, world-class patent applications with a fast turn around time. After you interview with your patent agent, you can begin preparing sketches and drafting your various claims. Then, experienced agents can assist you in preparing a professional abstract that finalizes your figures and claims.

Filing

Once your paperwork is in order, the next stage of the California patent prosecution process requires you to file your initial application. Fortunately, with the assistance of an experienced patent filing services in California, this step of the process can be done incredibly simply. For your application to be granted, it must be properly formatted and submitted with the USPTO (United States Patent & Trademark Office). Therefore, your application must contain the required number, filing days, and payment of fees to even be reviewed by the patent office. After your initial application is prepared, you need to file all the required documents with the USPTO.

Response & Examiner Negotiations

After your initial application is submitted, the next stage of the patent prosecution process in California requires you to prepare for responses from the USPTO and examiner negotiations. Before your patent can be granted, you must respond to rejections and refusals raised by the USPTO in a timely manner. Responding to office actions can be incredibly challenging and difficult to properly manage. Therefore, it is highly recommended to work alongside an experienced patent filing firm. California patent agents are experts in responding to various objections raised by the USPTO. Before you can move on in the Southern California patent filing process, be sure to prepare for office action responses.

Approval

Once you have properly responded to objections raised by the USPTO, you can finally await approval of your patent protection. Fortunately, this is likely the most rewarding stage of the Southern CA patent prosecution process. If USPTO examiners determine that your application meets the needed requirements, you will receive a Notice of Allowance. This Notice will outline the required issuance and publication fee that are needed to obtain your patent. Typically, utility patents are issued within about four weeks of fees being received. Your grant will then be mailed on the issue date of your patent.

There are several critical stages of the patent prosecution process in California. Since the process is complex, it is recommended to work alongside a USPTO registered patent agent in California. First, you need to determine if your novel invention is eligible for intellectual property protection. Once you have determined patentability, draft your initial application. After your paperwork is properly drafted, you need to file your initial application. Then, prepare for responses from the USPTO and examiner negotiations. Finally, you can await approval of your patent protection. Follow the steps outlined above to learn about the critical stages of the patent prosecution process California.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Intellectual Property Knowledge Center

Read articles about how to best protect your intellectual property rights. Become familiar with the ins and outs of intellectual property and get your invention or business up and running.

Patent Search Reports

Provisional Patents

Design Patent Filing

Utility Patent Drafting

Menu