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A Patent may be obtained for any new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof. Patents grant the right to exclude others from making, using or selling or offering for sale your invention. With some exceptions, patents must be obtained individually for each desired country from that country's patent office.

The Patent Process:

  1. Conception Date: The date on which the inventor had the idea in its entire form. The United States Patent Office generally grants a patent to the first person to invent rather than to the first person who files an application for a patent on the invention.

  2. Disclosure Document: Filing a Disclosure Document with the U.S. Patent Office under the Disclosure Document Program establishes the date of conception, but it does not confer any rights in the invention. The Patent Office retains Disclosure Documents for only 2 years.

  3. Patent Search: This is an optional procedure, but highly recommended. The search can often tell if the invention is not capable of receiving a patent.

  4. Patent Application: The application is a detailed description of the invention and how it functions. Once an application has been filed with the U.S. Patent Office, the inventor may say that his invention is "patent pending".

  5. Filing Date: The filing date is the date on which the application was received at the Patent Office, or if the application was filed by a patent attorney, the date the application was mailed to the Patent Office or electronically filed.

  6. Prosecution: Prosecution is the period of time beginning with the filing of the application and ending when either the patent has been issued or the application has been abandoned. The Patent Office examines the application during the prosecution period to determine whether a patent should be issued on the invention.

  7. First Office Action: During the prosecution, the Patent Office may reject some or all the claims in the application and will send written documents to the patent attorney stating why the application is rejected.

  8. Response to First Office Action: Applicant's patent attorney responds in writing to the Office Action. If the response is successful, a Notice of Allowance will be issued. If the response is unsuccessful, a second Office Action will be issued.

  9. Notice of Allowance or Second Office Action: The Notice of Allowance will designate a time in which to pay the Issue Fee. The Second Office Action must be responded to in a manner similar to the procedure previously described for responding to a First Office Action.

  10. Pay Issue Fee: Approximately four months after payment of the Issue Fee, the PTO will issue the patent.

  11. Patent Published in Official Gazette: A portion of the patent is published in the Official Gazette for Patents on the patent's issue date.

  12. Issue Date: The issue date is the day on which the patent issues. After the patent is issued, the invention should be marked "patent" or "pat." together with the patent's registration number.

  13. Patent Term: A utility patent expires 20 years from the filing date, provided all maintenance fees have been paid in a timely manner. Design patents expire 14 years from the issue date and plant patents expire 20 years from the filing date.

  14. Maintenance Fees: Utility patents require payment of maintenance fees three times during the life of the patent in order to keep the patent from expiring prematurely. Maintenance fee payments are not required for design patents or plant patents.

Molly D. McKay, P.C.
2301 S. Sheridan, Suite A
Tulsa, OK 74129

Business: (918) 742-5900
Facsimile: (918) 742-5901

staff@mckaypatents.com

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