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When you submit a patent application, it doesn’t just sit on a shelf. It lands on the desk of a real person—a patent examiner—whose job is to review your invention and decide if it meets the requirements for a U.S. patent. Knowing how examiners work can help you better understand the process and avoid frustration along the way.
At Gearhart Law, we know how to prepare applications that hold up under review and how to respond when questions come up. By understanding the examiner’s role, you’ll be better prepared for the steps ahead.
Who Is a Patent Examiner?
A patent examiner works at the U.S. Patent and Trademark Office (USPTO) and reviews applications in specific technical fields. These professionals have a background in science or engineering and are trained to evaluate inventions according to U.S. patent law.
Their main goal is to determine whether an invention is:
- New (novel)
- Non-obvious
- Clearly described in the application
Examiners don’t make personal judgments about your invention. They look at the claims, the supporting documents, and existing inventions (called “prior art”) to see if your idea qualifies for protection under the law.
What Does a Patent Examiner Actually Do?
Once your patent application is filed, the examiner gets to work. Here’s what typically happens:
- Search for prior art: The examiner compares your invention to others that have already been patented or published.
- Review the claims: They look at the specific parts of your invention you’re asking to protect and check for novelty and non-obviousness.
- Evaluate the description: The examiner ensures your application clearly explains how the invention works.
- Issue an office action: If there are concerns—such as similarity to existing inventions or unclear wording—the examiner issues a formal letter explaining what needs to be fixed.
Sometimes, an examiner will reach out directly to your attorney to schedule a phone interview or suggest changes. While it can feel intimidating to get a rejection or question from the USPTO, it’s all part of the review process. Most applications go through at least one round of review and revision.
Why Examiner Communication Matters
Communication with a patent examiner can shape the outcome of your application. Responses must be thoughtful, accurate, and timely. At Gearhart Law, we take care of the back-and-forth with the examiner by preparing well-reasoned responses to office actions, making strategic adjustments to your claims when needed, and conducting examiner interviews to clarify any points of confusion. These conversations can make a meaningful difference in how your application progresses.
An initial rejection doesn’t mean your idea won’t be patented. It simply means the examiner has identified an issue that needs to be addressed. We help guide that conversation in the right direction so your invention gets a fair and thorough review.
How We Help You Work With the Examiner
A well-prepared application can make a big difference. Our job is to put your invention in the best position for success, starting from day one.
Here’s how we help:
- Strong applications: We draft clear, complete documents that are ready for examiner review.
- Focused responses: We reply to office actions with solid arguments and practical suggestions.
- Direct communication: When needed, we schedule interviews with examiners to discuss complex issues early on.
We work closely with you to protect your idea and keep the process moving.
Supporting You Through the Patent Process
The patent examiner plays a key role in protecting your invention. Understanding their job helps you prepare for the process and respond with confidence. At Gearhart Law, we can help you file, revise, and move your application forward. If you’re ready to take the next step, contact Gearhart Law today. We’ll help you protect what you’ve created.