What is the process of patent examination?

The process of patent examination in North Carolina is the same as other states. Generally, the patent examination process begins with the filing of a patent application with the United States Patent and Trademark Office (USPTO). Once the application is filed, the USPTO will begin an examination of the application and the claims made within it. This includes a review of prior art that could be related to the patent, an analysis of the novelty of the invention, and a search of other patents to ensure that the claimed invention is truly novel. Once the USPTO has completed their examination and found that the patent is eligible for a grant, they will issue a Notice of Allowance. This notice states that the application is accepted, and the patent can be granted. However, if the examination finds that the claims have already been claimed by another patent, or that the invention lacks novelty, the patent will be rejected. In this case, the applicant may be able to argue in front of a Patent Trial and Appeal Board to overturn the rejection, or they may need to alter the patent’s claims to make it more distinct from any existing patents. In either case, the patent examination process helps to ensure that only eligible inventions receive the full protection of the patent law.

Related FAQs

What is the procedure for foreign patent applications?
What are the requirements for a design patent?
When should I seek patent protection?
Is it possible to patent a new use of an existing product?
What are the requirements to obtain a patent?
What is a patent infringement defense?
What is a patent reexamination?
What is a patent number?
Can I patent a process?
What if someone else has a similar invention?

What is the process of patent examination?

Related FAQs

Related Blog Posts