The Patent Prosecution Process

Patent prosecution is the term used to describe the USPTOs patent application process from the time an examiner begins working on a non-provisional patent application. It is first inspected to ensure that the application is complete with all required parts. Next comes the examination phase which can take from 6 months to three years. An examine will look at all claims and issue a First Office Action raising issues about the claims that you will have to answer. A Second Office Action can be issued, and is often a final action on certain claims. After prosecution is over you will either wind up with some claims being allowed, all being rejected or all being allowed. There is an appeals process, but it does not often end in success.