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Provisional Patent Applications: What You Need To Know, Part 20

What Should You Expect After You File A U.S. Utility Patent Application?

  • The answer depends on the filing strategy you use and who is handling your patent application.

You are entitled to a U.S. utility patent when you file a U.S. utility patent application unless the USPTO provides you with a reason why your patent application shouldn’t issue as a patent.

In practice, the USPTO will examine your patent application and issue Office Actions, which are official communications that explain why your U.S. utility patent application cannot be allowed. You can then file a response that brings your U.S. utility patent application into condition for allowance.

You can think of the process of getting a patent like a tennis match where you (or your patent attorney) explain why your U.S. utility patent application should issue as a U.S. Patent, and the examiner or a judge explains why it should not. In the end, either you get a U.S. utility patent or you decide that it’s not worth your time or money to continue trying to get a patent issued.

It is rare for a U.S. utility patent application to issue as a U.S. patent without at least one Office Action. However, if you receive 4 or 5 Office Actions, then something is wrong and you should seriously consider reevaluating your strategy.

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