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Turning an invention into a patent takes time, strategy, and a clear understanding of the steps involved. The U.S. Patent and Trademark Office (USPTO) examines each application through a structured review process that can span months or even years. Knowing what happens at each stage—from filing to final decision—can help inventors avoid delays and respond confidently to any challenges along the way.
Filing Your Patent Application
Everything begins with filing your patent application with the USPTO. You can file either a provisional or a non-provisional application:
- A provisional application serves as a placeholder. It gives you 12 months to refine your invention and file a non-provisional application.
- A non-provisional application starts the formal examination process.
The non-provisional application includes a detailed description of your invention, drawings (if needed), and a set of claims that define the scope of protection you’re seeking. We help prepare your application carefully to meet all USPTO requirements and to give your invention the strongest footing from the start.
Receiving the Filing Receipt
Once the USPTO accepts your submission, you’ll receive an official filing receipt. This document confirms your application number and filing date—two details that can affect your patent rights later. While this might seem like a minor administrative step, it marks the official beginning of your journey through the patent system.
It’s also a good time to make sure everything has been submitted correctly. If any documents are missing or incomplete, the USPTO may send a notice requesting corrections.
Patent Examiner Review
After your application is filed, it’s assigned to a patent examiner whose background aligns with the technical field of your invention. This examiner reviews your application to decide whether your invention:
- Is new (hasn’t been disclosed before),
- Is non-obvious (not an obvious variation of something that already exists), and
- Falls within the types of subject matter that can be patented.
This stage can take time. Patent examiners conduct their own searches of existing patents, technical literature, and other public disclosures. If they find something similar to your invention, they may raise questions or challenge your claims. We can help you understand what’s at issue and how to respond effectively.
Office Actions and Responses
Most patent applications receive at least one office action, which is a written response from the examiner. It may point out problems with your claims, cite prior art, or ask for clarification. There are two common types:
- A non-final office action gives you a chance to address the examiner’s concerns and revise your claims.
- A final office action signals that the examiner believes the issues remain unresolved.
Don’t panic if you receive one—this back-and-forth is a normal part of the process. We review every office action carefully and work with you to draft a strong response. Sometimes that means adjusting the claims to better reflect your invention; other times, it’s about explaining your idea more clearly.
Final Decision
Once the USPTO finishes its review, the examiner will make a final decision. There are a few possible outcomes:
- Allowance – Your application is approved, and you’ll move forward with paying the issue fee and receiving your patent.
- Final Rejection – Your application is denied, but you may still have options.
- Abandonment – If you don’t respond in time or choose not to pursue the application further, it will be considered abandoned.
Even a rejection isn’t necessarily the end. We can help you file an appeal, request continued examination, or submit a continuation application, depending on what makes sense for your invention and your business plans.
How We Can Help You Move Forward
The patent process doesn’t have to be overwhelming. At Gearhart Law, we walk with you through every stage—from drafting your application to responding to office actions and beyond. Whether you’re filing for the first time or revisiting a rejected application, we offer guidance that’s clear, practical, and based on what works.
If you’re ready to move forward with your patent application or need help addressing a recent office action, contact Gearhart Law today. We’ll help you make confident, informed decisions about protecting your invention.