Please enable JavaScript.
Coggle requires JavaScript to display documents.
Utility Patent Processing (by the USPTO) - Coggle Diagram
Utility Patent Processing
(by the USPTO)
1) Pre-Processing
New Applications
is Provisional Application?
No Examination
Quick, inexpensive way to
establish a U.S. filing date
for your invention
12 months to file nonprovisional
reviewed for formalities
and completeness of a
Non-provisional Application
Missing essential filing requirement?
appropriate filing fees,
improper entity status, and
improper priority claims
Notice to File Missing Parts
Notice of Abandonment
(if omission is not corrected
within the specified time period)
May file a petition to revive
(circumstantial)
1 more item...
Missing essential filing papers:
specification,
drawings, and
claims
Notice of Incomplete Application
Not a provisional
3) Examination of non-provisional
application
1st Examination
meets all legal requirements
for a patent to be granted?
Non-Final Rejection/
Office Action
Applicant fails to respond
within 6 months
Notice of
Abandonment
May file petition to revive
(circumstantial)
Applicant files amendments/
arguments within 3 months
(3 additional months with fees)
2nd Examination
meets all legal requirements
for a patent to be granted?
Final Rejection/
Office Action
(prosecution is closed)
Applicant files amendments/
arguments within 3 months
(3 additional months with fees)
1 more item...
Applicant fails to respond
within 6 months
1 more item...
Applicant files a Request
for Continued Examination
(RCE) to renew application
1 more item...
Applicant files an appeal
(Any of the claims must have been twice rejected)
Notice of Allowance
(1st Action Allowance)
Applicant files an appeal
(Any of the claims must have been twice rejected)
Restriction Requirement
(more than 1 invention)
Applicant responds
with an Election
(within 2 months)
4) Appeal
See MPEP 1214
Board decision affirms or affirms in part the decision of the examiner
The 63-day time period for filing an appeal or commencing a civil action under 37 CFR 90.3 begins to run
the examiner must await the expiration of the above time periods before taking any further action.
NO CLAIMS STAND ALLOWED
Dependent claims NOT indicated as "allowable but objected to" prior to appeal because of their dependency from rejected claims
The proceedings in an application are terminated.
(The application is no longer considered as pending)
Notice of Abandonment
Application only includes a non-statutory double patenting rejection affirmed by the Board or a provisional rejection not addressed by the Board
applicant may file a proper terminal disclaimer prior to the expiration of the period for seeking review under 37 CFR 90.3 to overcome the rejection
If the terminal disclaimer is insufficient to overcome the rejection the applicant will not be granted additional time to correct the deficiency.
the applicant has not filed a proper terminal disclaimer
See MPEP 1490
examiner must determine if any reference application used in the provisional non-statutory double patenting rejection has issued as a patent
If the reference application has issued, the provisional rejection should be re-issued as a nonprovisional rejection, and a terminal disclaimer should be required.
The rejection may be made final, if otherwise appropriate.
If the reference application has been abandoned or where the reference application has not matured to a patent and the provisional double patenting rejection is the only remaining rejection in the application, the examiner should withdraw the provisional rejection.
1 more item...
2 month period for filing a request for rehearing under 37 CFR 41.52 begins to run
2) Routing New Application to
Appropriate Art Unit (A.U.)
and appropriate Examiner