KnowThis Tutorial: Marketing Method Patents

Tutorial Contents

Page 14 of 15

6. Filing and Waiting
Once everything is complete the inventor is then ready to file the application. The USPTO offers inventors the choice of filing by mail or online. The online approach can be convenient but mastering this method for delivering documents to the Patent Office takes time to learn since it requires the use of special software. Whether the application is filed online or by mail, there are a number of forms that must be completed and, of course, fees that must be paid. Also, once an application is filed the applicant may begin to indicate patent pending status on promotional material.

Now that an application is filed how long until the applicant receives the good news? How about two years – minimum! That’s right, this is a long drawn out process. Why? Many reasons most of it having to do with too many applications and not enough patent examiners. In any case, it takes a long time to find out if a patent is awarded.

Once the application is reviewed it is almost certainly not going to be accepted as presented. The Patent Office is likely to send the inventor an “Office Action” which indicates problems they have identified with the patent. The problems may be minor, such as correcting language in a claim, or major which may include outright rejection of the patent (e.g., not novel). Hopefully, if the applicant satisfies the problems raised by the patent examiner, a patent will be awarded.

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