Patent Attorney Colorado Q & A Part 7
It sounds like a provisional patent application is the way to go.
Ultimately, you will need to make the decision, weighing a number of factors, including budget, timeline for taking your invention to market, and various other business considerations and goals you have for your invention. And in some instances, it may make more sense to file a provisional patent application initially, instead of a regular patent application. Be sure to discuss the pros and cons with your patent attorney so that you can make an informed decision.
So what happens after I file a patent application?
You applied for your patent application 1-2 years ago. You thought you were done, right? Wrong. Now it’s starting to come back to you. When you filed your patent application, you remember your patent attorney mentioning something about the claims having to be examined by the Examiner at the US Patent Office, and that it would take 1-2 years, maybe even longer. It seemed so far in the future that maybe you didn’t really think about what this meant.
What is an Office Action?
An Office Action is the Examiner’s assessment of your invention. an Office Action may include objections or rejections, with reasons why the Examiner doesn’t believe your patent application should be allowed to issue as a patent.
What if my patent application is rejected?
When you read the rejections, none of it makes any sense. Certainly your invention is different than these other references the Examiner is citing. The Examiner just doesn’t understand your invention, right? Maybe. More likely, the Examiner has some basis for the rejections. But don’t give up. You can file a Response to the Office Action.
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