The Patent Process Flowchart

Step 1

Patent-ability Search:  A patent-ability search identifies prior art references that are pertinent to the novelty of an invention. These prior art references may be found in one or more references. 

Our patent-ability searches include us using several different patent searching databases to obtain the closest prior art in patent and non-patent literature that we can find in your field of the invention.

At this stage you will get a good idea of the “art” that has been patented so you can decide whether you wish to proceed with your idea…

Step 2

Provisional:  A provisional application for a patent in the United States permits an applicant to establish patent rights with an early effective filing date for a later-filed non-provisional patent application. 

A provisional application may be filed if an inventor believes that there will be improvements to the invention within the next 12 months, desires Patent-Pending or simply wants to test the market. Filing a provisional application is a less expensive means whereby protection to your idea may be afforded for a year’s time.

Should the invention catch on a non-provisional application can be applied for before the year expires to maintain protection…

Step 3

Non-Provisional:  The non-provisional (utility) application establishes the filing date of your patent application and begins the examination process. Your patent application will be examined by the USPTO and NO NEW MATTER can be added to this application at this juncture. 

Typically, an inventor files a provisional first if they are continuing to research and add new matter to their invention in the next 12 months and then converts the Provisional Application to a Non-Provisional Application within the 12 month time frame.

Step 4

Prosecution:  Patent Prosecution takes place after a Patent Examiner reviews the Non-Provisional Application and makes comments on what needs to be corrected in a First Office Action in order for a Patent to be granted.  The typical time frame to receive a first office action is between 12 and 18 months depending on how complex the invention is.