Ing. Mariana I. Vernieri
U.S. Patent Agent
Registered with the USPTO
Registration No. 77275
+1 (561) 809-2760
Process for patenting in the U.S.
Learn what will happen step by step with your application...
Yes
Send us your idea and we will professionally assess its patentability
Contact us
Request a quote or schedule your free consultation
Request your Design Patent or Plant Patent
choosing the applicable options. If you are not sure which options apply to you contact us
Send us the documentation
We will ask you for all the technical documents about your invention and the signed legal documents required to start the application
Drafting your application
We will work on expressing your invention in the most effective way to obtain the patent, following your instructions and the strategies of your choice
Design Patent
To patent the ornamental features of an industrial design
Plant Patent
To patent a new asexually reproducible plant variety
Send us the documentation
We will ask you for all the technical documents about your invention and the signed legal documents required to start the application
Drafting your application
We will work on expressing your invention in the most effective way to obtain the patent, following your instructions and the strategies of your choice
Utility Patent
To patent a machine, process, composition of matter or article of manufacture
Request your Utility Patent
choosing the applicable options. If you are not sure which options apply to you contact us
choosing the applicable options. If you are not sure which options apply to you contact us
Send us the documentation
We will ask you for all the technical documents about your invention and the signed legal documents required to start the application
Design Patent or Plant Patent Application
Once the application is complete with drawings and everything needed, and the client's final approval has been obtained, we will file it with the USPTO
Utility Patent Application
Once the application is complete with drawings and everything needed, and the client's final approval has been obtained, we will file it with the USPTO
The USPTO will examine
the application
As a result, it will respond as to whether the patent is ready to be granted or needs certain modifications
A response must be prepared addressing each of the examiner's objections or rejections, making the necessary amendments to try to overcome them.
If the USPTO determines that you are trying to patent more than one invention in the same application, it will ask you to elect one of them to proceed with
Drafting your application
We will work on expressing your invention in the most effective way to obtain the patent, following your instructions and the strategies of your choice
Provisional Patent Application
Once the application is complete with drawings and everything needed, and the client's final approval has been obtained, we will file it with the USPTO
Receive status of
"Patent Pending"
Immediately after filing the Provisional Patent application with the USPTO, you will receive "Patent Pending" status, which will last for one year
At this stage you must pay the issue and publication fees for your patent to be granted
The patent is granted
Congratulations! Your invention is legally protected for 20 years if it is a utility or plant patent, or for 15 if it is a design patent
You must pay maintenance fees at 3, 7 and 11 years after the patent is granted
No
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Limitations of this diagram
This diagram is only a simplification of the general process and is not intended to cover all cases. We consider the general case of an application for a Design, Plant or Utility patent, starting from scratch. It would be a different case if the applications claimed the priority date of an earlier application, either internationally or because they are a Continuation, Divisional, Continuation-in-Part, Reissue or CPA. Each of these applications involves different stages and additional considerations.
Other Procedures
Different timelines and procedures also apply in the case of International Patent Applications through the PCT (Patent Cooperation Treaty) and, in the case of PTAB Appeals, in which other deadlines apply to the filing of the Notice of Appeal, the Appeal Brief, the payment of fees and all the other steps involved. If you would like to learn more about the procedure for those cases, contact us.
Post Grant Procedures
Also ask about the required procedures, estimated costs and timelines involved in cases of Ex parte reexamination, inter partes review, supplemental examination, covered business method review or post grant review through our inquiry form for Post Grant Services, making click here. In addition to these procedures, ask us about: Protests, Pre-Issuance Submissions, Certificates of Correction, Reissues and others.