Patent
Application Process
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Patents: From Search to Issuance and Maintenance
Understanding the patent application process helps inventors and businesses protect their innovations and maximize their commercial value. While specific rules vary by jurisdiction, the core stages of patent protection are similar worldwide.
Patent Searching
A patent search is often the first step in the process. It involves reviewing existing patents and published applications to assess whether an invention is new and potentially patentable.
Patent searching helps identify risks, refine the invention, and shape a strong patent filing strategy.
Provisional vs. Non-Provisional Applications
A provisional patent application is an optional, preliminary filing available in some jurisdictions. It establishes an early priority date but is not examined and does not result in a patent by itself. Provisional applications typically expire after 12 months and must be followed by a non-provisional application to continue protection.
A non-provisional patent application is a formal filing that includes claims defining the legal scope of the claimed invention. Non-provisional applications are examined by a patent office and are the only applications that can mature into granted patents.
Patent Filing
Patent filing involves preparing a detailed specification, drawings, and claims that clearly describe the invention.
Careful drafting at this stage is essential to obtain meaningful and enforceable patent rights in due course.
Patent Prosecution
Patent prosecution is the examination process conducted by the patent office in the relevant jurisdiction.
Examiners assess patentability and issue objections or rejections. Applicants respond through legal arguments and/or claim amendments until the application is allowed or finally rejected.
Patent Grant and Maintenance
Once allowed, the patent is granted. To keep patent rights in force, maintenance or renewal fees must be paid at prescribed intervals.
Ongoing maintenance ensures continued exclusivity for the life of the patent – which is typically 20 years.
Proper maintenance ensures the patent remains enforceable and valuable.
A structured patent strategy helps innovators secure durable protection in competitive markets.
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