Filing, Examination, and Office Actions
Patent prosecution begins with filing a patent application at the USPTO, which includes a written description, drawings, and claims (the numbered statements that define what is patented). A filing fee is paid, and the application is assigned a filing date, which becomes the priority date. The application enters an examination queue; most examiners review applications 18 to 24 months after filing. The examiner searches for prior art (earlier patents, publications) and issues an office action, usually a rejection based on anticipation (prior art disclosed all elements) or obviousness (prior art rendered the invention obvious). The applicant responds with arguments, amendments, or new evidence.
Allowance, Issuance, and Typical Timeline
Back-and-forth office actions continue until the examiner allows all claims (issues an allowance) or the applicant gives up (abandonment). After allowance, the applicant pays an issue fee and the patent is granted and published. From filing to issuance averages 2 to 3 years, though it can range from 18 months to 10 years. Speeding services (Track One, formerly Patent Prosecution Highway) can cut the process to 12 to 18 months for a fee. Once issued, the patent lasts 20 years from filing date. Maintenance fees (due at 3.5, 7.5, and 11.5 years) must be paid to keep the patent in force; failure to pay results in patent expiration. Many issued patents are never commercialized but are held for licensing or defensive purposes.