USPTO Examination of Patent Applications

The USPTO goes through a significant examination of patent applications.

Examination overview: To be patentable, the subject matter must be both new and nonobvious in comparison to what is known. All patent applications (except provisional applications) undergo a serious examination by a USPTO patent examiner.

This examination includes a search and initial determination on whether the subject matter, as defined in the claims, meets the new and nonobvious patentability standards.

Examiner's initial rejections of claims are embodied in an Office Action ("Action"). A professional response to claim rejections is typically a combination of claim amendments and arguments on the law as applied to the case's specific facts. A professional application preparation incorporates the support and fall-back positions for such claim amendments and arguments.

Actions also include any other objections - typically routine and/or minor if application was professionally prepared.

No one can guarantee that a meaningful patent will ever issue. The odds of obtaining meaning patent protection increase with the skill and experience of the attorney you select.

Reprinted from my website at www.noreklaw.com