Once you file a patent application with the United States Patent and Trademark Office (USPTO), your journey toward patent protection isn’t over. Your application must go through a formal review process known as patent examination. This step determines whether your invention meets the legal standards for a patent. At Gearhart Law, we help you through each stage, making sure your application is clear, complete, and ready to stand up to scrutiny.
What Happens After You File a Patent Application?
After you submit your application, the USPTO assigns a patent examiner to review it. This examiner is responsible for determining whether your invention is eligible for protection. For most applicants, the initial wait can stretch from several months to over a year, depending on the type of invention and the USPTO’s current backlog.
While you wait, your invention is considered “patent pending.” This means you have a placeholder in line, but you don’t yet have any enforceable rights. Once your application comes up for review, the examiner will look closely at the details of your invention, including how it works, what it claims, and whether it’s already been publicly disclosed elsewhere.
The process may seem slow, but this step plays a big role in determining whether your invention becomes a registered patent.
How Patent Examiners Review Your Application
Patent examiners follow specific guidelines when evaluating your invention. They’ll focus on three major requirements:
- Novelty – Is your invention new? Has it been publicly disclosed before?
- Utility – Does it have a clear, practical use?
- Non-obviousness – Would someone with general knowledge in your field consider the invention to be an unexpected development?
To answer these questions, the examiner will conduct a prior art search. This means they’ll look for similar inventions that have already been patented or published. If they find anything too similar, they’ll explain why your application doesn’t meet one or more of the required standards.
Don’t worry if the first response isn’t favorable—this is common. Most applications receive at least one round of feedback before being approved or rejected.
Responding to Office Actions
If the USPTO finds an issue with your application, they’ll send what’s called an office action. This document outlines any objections or rejections and gives you a chance to respond. Office actions come in two types: non-final and final. A non-final action opens the door to a conversation with the examiner. A final office action means the examiner believes no more changes will help unless you pursue an appeal or file a continuation.
We’ll help you:
- Review the examiner’s feedback
- Adjust your claims or rewrite parts of your application
- Draft a formal response that presents your case clearly
Rejections happen, but they’re not the end of the road. Many inventors secure approval after a few rounds of back-and-forth with the examiner. The key is to be timely, thorough, and strategic.
Tips to Help Your Application Succeed
Here are a few steps that can make a big difference:
- Write clear and detailed descriptions of your invention and how it works
- Include strong patent drawings that illustrate important features
- Keep a record of how your idea was developed over time
- Respond promptly to any communication from the USPTO
- Work with a patent attorney who can help frame your invention the right way
Patent examination is a process that rewards preparation. The more complete and accurate your application is from the start, the better your chances of success.
Contact Our Experienced Summit Patent Examination Attorneys
At Gearhart Law, we’ve helped inventors, entrepreneurs, and business owners secure patents that support their growth and innovation. Whether you’re filing for the first time or dealing with a tough office action, we’ll work with you to strengthen your position.
The patent examination process doesn’t have to be overwhelming. With the right support, you can protect what you’ve created and keep moving forward. Contact us today to discuss your invention and how we can help you move your patent application toward approval.