1. SEARCH

A search of the Patent Office records is ordinarily done to discover documents that are relevant to the technical field of the invention. Based upon the results of the research, we evaluate the likelihood of obtaining a patent on your invention, and provide a written report or the search and our opinion.

2. APPLICATION

The application thoroughly describes and claims the invention. The description of the invention must be sufficiently to enable one of ordinary skill in the art to practice the invention and must also describe the best mode for practicing the invention. Claims are provided at the end of the application to define the scope of protection afforded by the patent. The claims are one sentence descriptions of the invention that describe the invention but do not cover or describe the prior art.Typically, the claims describe a combination of elements, and that combination of elements must be novel and non-obvious in view of the prior art. Once the application is completed to both your satisfaction and ours, it is filed in the Patent Office. Other formal papers and drawings must be filed with the application.

3. PROSECUTION

The application filed in the Patent Office is submitted to a patent examiner for consideration. The examiner searches issued U.S. and foreign patents, and sometimes searches other literature as well. The examiner studies the application to determine whether, in light of the prior art found in the search, a patentable invention is claimed. Often, the examiner initially rejects the claims submitted in the patent application, and states his reasons for doing so in a document called an "Office Action." We send a copy of the Office Action to you, with our opinion of the examiner's rejections. It is for you to decide whether to continue the prosecution of the application. If you decide to continue, we prepare a written response called an "Amendment," which sets forth the reasons why the invention is patentable, and might also revise the claims. The back-and-forth Office Action and Amendment procedure is called the "prosecution" of the application. Prosecution continues until the examiner allows the claims or makes his rejection of the claims final.

We might receive a telephone call from an Examiner regarding certain minor amendments that may be necessary, or other small matters that must be attended to immediately in order to preserve your application. Because of the type or immediacy of these actions, we may not contact you before taking what we believe to be the appropriate action.

4. CLOSE OF PROSECUTION

If the examiner makes his rejections final and does not allow any claims, then either the decision can be appealed or a continuation application can be filed. A continuation application is identical to the original application except that the claims are usually changed. Filing a continuation application may be the appropriate course of action when new and significantly different claims can be presented. When an appeal is filed, it is first considered by the Board of Patent Appeals. If the decision of the Board is not favorable, then the Board’s decision can be appealed to either the U.S. District Court in Washington DC or the Court of Appeals for the Federal Circuit, also in Washington.

5. ISSUANCE

If the examiner allows the claims, an issue fee is paid to the Government and the patent issues.

6. MAINTENANCE

The Government requires that "Maintenance Fees" be paid to keep your patent in force after issuance. A Maintenance Fee is due at 3½ years, 7½ years, and 11½, years after the issue date of the patent. If a Maintenance Fee is not paid, the patent lapses.

7. LEGAL FEES

The fee for most services is based on an hourly rate, while also taking into consideration other pertinent criteria. In general, we provide an estimate of the anticipated fees before beginning a substantial project, but we perform smaller tasks without contacting you. For example, if the patent examiner calls, we take the call and respond to minor requests without obtaining prior approval to perform the services. Or, if we receive an Office Action on a pending patent application, we read the Office Action, briefly consider any patents cited, and write a letter to you explaining the Office Action with our recommendations. These types of services are normally performed without providing an estimate and without seeking prior approval to perform the work.

The scope of a project sometimes changes during the performance of the project. If that happens, the original estimate does not apply. For example, if an invention is substantially changed after the patent application is almost complete, and a rewrite is required, the original estimate does not apply.

Some projects are undertaken on a fixed fee basis. These projects include some of the services provided during foreign patent prosecution and trademark matters.