The patent process, in six steps.
Maurice Williams spent seventeen years examining applications at the USPTO. In under two minutes he walks through how an idea becomes a granted patent, from the first call to the maintenance fees that keep it in force.
Transcript
The full narration, divided into the video's chapters. Select a timestamp to play from that point.
0:00 Introduction
Hi, I'm Maurice Williams, founder of Filament Legal and a former USPTO patent examiner. In the next two minutes I'll walk you through how an idea becomes a patent.
0:11 Step 1: Consultation
It starts with a consultation. We talk through your invention, your goals, and your budget so we can build the right strategy from day one.
0:22 Step 2: Patent search and review
Next, we search. We look for existing patents and publications close to your idea. Then we review the results together to decide whether, and how, to move forward.
0:34 Step 3: Prepare the application
Then we prepare your application. A provisional application secures your filing date. It isn't examined, and you have 12 months to follow up with the non-provisional. That's the application that a USPTO patent examiner actually reviews.
0:50 Step 4: File and await a response
Once it's filed, we wait. The patent office's first response typically takes well over a year.
0:58 Step 5: Respond to office actions
Now, this response is called an office action, and most applications aren't allowed on the first try. That's normal. We respond with arguments or amendments, sometimes through a non-final and final action, until we reach a notice of allowance.
1:16 Step 6: Issue and maintenance fees
Once allowed, you pay the issue fee and your patent is granted. To keep a utility patent in force, maintenance fees are due at three and a half, seven and a half, and eleven and a half years.
1:32 Let's talk
I know this process from both sides of the desk. If you have a bright idea, let's talk. Filament Legal. Bright ideas, brilliant patents.
This video provides general information and is not legal advice. Current USPTO wait times are published on the USPTO Patents Dashboard.
Each step, in more depth.
The video covers the outline. These pages cover what each stage involves, what it costs, and how long it usually takes.
Step 01
The first consultation
What to bring to the first call, and what you will know when it ends. There is no charge for it.
Contact the firmStep 02
Patentability searches
How we search the prior art and give you a written read on novelty, obstacles, and open space before you spend on drafting.
Patentability searchesStep 03
Application drafting
Provisional or non-provisional, and how the specification, drawings, and claims get written so they hold up in examination.
Application draftingStep 04
How long examination takes
Typical timelines from filing to first action and from filing to grant, and what moves them.
Patent FAQsStep 05
Office action responses
Non-final and final rejections, examiner interviews, amendments, and when an appeal is worth it.
Office action responsesStep 06
Maintenance and portfolio decisions
Fees fall due at 3.5, 7.5, and 11.5 years after grant. Each one is a chance to decide whether the patent is still worth keeping.
Counseling and valuationHave a bright idea? Let's talk.
The first conversation costs nothing. You will leave it knowing whether you have something protectable and what protecting it would cost.