Steps to File a Non-Provisional patent application

What is Non-Provisional patent application?

A Non-Provisional patent application is the official form you submit to the government to get a patent for your invention. It’s the formal application that starts the process of getting a patent, which gives you legal protection. Once approved, no one else can make, use, or sell your invention without your permission. This application includes all the details about how your invention works and what makes it unique. It is the step that can ultimately lead to the issuance of a patent if approved.

Steps for Filing

Filing a Non-Provisional patent application is a critical step in obtaining full patent protection for your invention. Unlike a provisional application, a non-provisional application is examined by the USPTO and can lead to the grant of a patent. Here are the steps to file a non-provisional patent application:

1. Abstract: The abstract is a brief summary of the invention. While not legally significant, it helps examiners and the public quickly understand the essence of the invention.
2. Specification: The specification is the detailed description of the invention, explaining how it works and how it is different from prior art. The specification must be written in clear, technical terms that fully enable someone skilled in the field to make and use the invention.
3. Claims: The claims define the scope of the patent’s protection. They are written in precise legal language and outline what aspects of the invention are protected.
4. Formal Drawings and Figures: Non-Provisional patent application must include formal patent drawings if they are necessary to understand the invention. These drawings need to obey with USPTO standards and must clearly illustrate the key features of the invention.
5. Conduct a Prior Art Search: Before filing Non-Provisional patent application, conduct a search of existing patents and literature to ensure that your invention is novel. Use resources like the USPTO database, Google Patents, or other databases to find relevant prior art.
6. Complete the USPTO Forms
   • Application Data Sheet (ADS): This form includes details like the inventor’s name, mailing address, and contact information. It also includes information about any provisional applications that the Non-Provisional patent application may be claiming priority to.
   • Oath or Declaration: The inventor must sign an oath or declaration stating that they believe themselves to be the original inventor of the invention.
7. Filing Fees: Fees depend on the size of the entity (e.g., micro, small, or large entity) and the complexity of the application. Basic fees include the filing, search, and examination fees.
8. Submit the Application Electronically: Submit your completed non-provisional patent application online through the USPTO’s electronic filing system (EFS-Web). Ensure that all required documents and fees are included.
   • Patent Examiner Review: After filing, the USPTO assigns the application to a patent examiner who will review it for patentability.
   • Office Actions: During this process, the examiner may issue office actions, outlining objections or rejections that need to be addressed before the patent can be granted.
   • Respond to Office Actions: The applicant must respond to these actions in a timely manner, making amendments or arguments as needed.

If the examiner finds the application allowable, a Notice of Allowance is issued, and the patent will be granted once the issue fee is paid.

If not, you may have to file a Request for Continued Examination (RCE) or appeal the decision.