How Patent Examiners Review Applications (+ Patent Application Checklist)
Many inventors and entrepreneurs are confused about how to write a patent application and how to get a patent application approved. This becomes even more complicated when you’re not familiar with what happens after you submit your application. The patent approval process is a mystery for a lot of people.
Today, we’ll shine some light on what the patent review process is like and what patent examiners look for in a patent application. We’ll also provide you with a patent application checklist you can go through before submitting your application.
What Do Patent Examiners Do?
Patent examiners are the professionals responsible for reviewing patent applications. Their job is to ensure that the inventions described in these applications meet the legal requirements for a patent. They are the gatekeepers who decide whether your invention is unique and worthy of protection.
Working with a patent attorney can help ensure your invention meets the necessary standards for uniqueness and innovation. These attorneys guide you through the intricacies of the application process, making it easier to navigate any challenges and increasing the likelihood of approval. They can also help craft the right claims and design descriptions to avoid rejections.
You should know what patent examiners are looking for. Why? It can help you prepare a stronger application and increase your chances of approval.
How Patent Examiners Review Your Application
When you submit a patent application, the patent examiner assigned to your case will take several steps to evaluate it. Here’s a simplified look at how they go about it:
- Initial Review: The examiner first checks that your application is complete and that all required forms and fees have been submitted. They make sure that your invention is properly described and that your claims are clear and understandable.
- Search for Prior Art: The examiner conducts a search for “prior art” — existing patents, publications, or products that are similar to your invention. This step helps determine if your invention is truly new and has not been done before.
- Assessing Novelty and Non-Obviousness: The examiner evaluates whether your invention is novel (new) and non-obvious. In other words, your invention must be different from anything already out there and not something that could have been easily thought of by someone skilled in the field of your invention.
- Technical and Legal Review: The examiner also checks that your invention is useful, clearly described, and meets all other legal requirements. They may also assess whether your application adequately covers the invention and whether any drawings or diagrams are clear and accurate.
Why Do Patent Applications Get Rejected?
There are many different patent rejection reasons – some of which are more common than others. Here are a few of the most common reasons why the patent review process might end with a denial:
- Lack of Novelty: One of the reasons for rejection is that the invention is not new. If the examiner finds prior art that is too similar to your invention, your application may be rejected.
- Obviousness: Even if your invention is new, it might be considered obvious if it’s something that could be easily deduced by someone skilled in the field. This is one of the most common rejections and can be the most difficult to overcome.
- Insufficient Detail: If your application doesn’t clearly describe how to make and use the invention, it could be rejected for being incomplete. The examiner needs enough information to fully understand the invention.
Patent Application Checklist
Getting a patent isn’t just about having a great invention — it’s also about presenting it well. Here is our patent application checklist so your application has the best chance of being approved:
- Conduct a Thorough Prior Art Search/Patent Search: Have you confirmed that your invention hasn’t been patented before?
- Provide a Clear and Detailed Description: Does your application clearly explain how your invention works and how it’s made?
- Use Accurate Terminology: Have you properly defined and named all components and processes?
- Include Drawings and Diagrams: Have you added visuals to clarify complex ideas? Are all of the features of the claims shown in the drawings?
- Seek Professional Help: Have you consulted a patent attorney to review your application?
- Inventorship: Are all the inventors properly identified?
- Ensure Legal Compliance: Does your application meet all patent office requirements?
- Review and Revise: Have you double-checked for completeness and accuracy before submission?
We’ll Help You Achieve a Smooth Patent Approval Process
Once you can check all the boxes on this patent application checklist, you should be well informed on how to draft a patent and how to get the patent approved. Avoid giving the examiner any reason for patent rejection, and ideally, work with a professional intellectual property attorney to ensure your application meets all the necessary criteria and increases your chances of success.
If you need help with your patent application, contact us at Milano IP. We specialize in helping inventors get through the patent approval process. Contact us to make sure your invention receives the protection it deserves.
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