Turning your invention in Illinois into enforceable patent protection can be slow and frustrating. It typically takes 22 to 30 months, but may extend to four or five years depending on the complexity.
However, sticking with this journey offers benefits in the long run with meticulous planning and persistence. Understanding the lifecycle of a patent application is essential to properly safeguard your work.
Phase 1: Preparation and filing
Early on, conducting a prior art search can confirm that your invention is novel. If you do not find similar products, you and your lawyer will work together to write claims and create technical drawings for your patent application.
There are two patent applications that you can file: provisional and nonprovisional. A provisional application secures a filing date for one year with less upfront effort, while a nonprovisional application is the formal United States Patent and Trademark Office (USPTO) filing that is examined and may result in an issued patent. You can file a provisional first and then submit the nonprovisional within a year.
Phase 2: The wait for examination
After filing, your application may sit in the USPTO queue for a while if there is a backlog. An examiner then issues a First Office Action by either rejecting the application or requesting clarification. This typically occurs within about six months.
Phase 3: Patent prosecution
Your attorney typically responds to Office Actions by narrowing claims or disputing the examiner’s position. The examiner then issues a Final Office Action, either allowing the patent or issuing a final rejection.
Fortunately, you can still appeal the decision or continue prosecution by filing a Request for Continued Examination (RCE). This process can take around 12 months or more.
Phase 4: Allowance and issuance
Once you get a notice of allowance, this means the USPTO has greenlit your patent. You simply need to pay the final issue fees to the government before your patent is formally issued.
Once granted, your invention has legal protection for around 20 years from the filing date, as long as you keep up with maintenance fees and other requirements. This final stage typically takes about six months.
Can you expedite it?
While the average process takes about two and a half years, a Track One Prioritized Examination can speed it up. For an extra fee that is based on your business entity size, the USPTO can aim to reach a final decision within 12 months.
When patience pays off
Securing a patent is a marathon, not a sprint. Having a well-drafted patent is a valuable business asset that is worth the wait for the long-term protection of your products.