Key Takeaways

  • A patent application must include detailed descriptions, claims, and supporting materials so that someone skilled in the field can replicate the invention.
  • The patent application process steps generally involve preparation, filing, examination, and either approval or rejection.
  • An ordinary patent application is the basic filing type for protecting a single invention in the U.S., often starting with a provisional application.
  • Before filing, inventors should conduct a patent search to ensure their idea is novel and patentable.
  • The USPTO examination process includes reviewing claims, prior art comparisons, and issuing office actions, which may require responses or amendments.
  • International protection requires different filings under treaties like the Patent Cooperation Treaty (PCT).
  • Working with a patent attorney helps ensure compliance with USPTO requirements and increases approval chances.

What Is a Patent Application?

Inventors submit patent applications in order to obtain patent protection for their intellectual property. This means that, if the application is approved and the patent is registered, the inventor will hold rights to the invention and anyone hoping to sell, use, or make the invention will need to obtain licensure from the inventor.

Patent applications are created to cover specific inventions, and they are meant to be very detailed in nature. The application should make it possible for a person in the same field of study as the invention to use or make it themselves. A patent application includes the following:

  • Illustrations for production and use of the invention.
  • Detailed descriptions of all aspects of the invention.
  • Detailed instructions on how to build or use the invention properly.
  • A signed oath by the inventor or inventors that says that the patent application meets the basic requirements of patent law.
  • Patent claims that outline the scope of patent coverage for the invention.

Basically, patented inventions are not kept secret, but they are protected from being used or manufactured without the owner's consent. Patent applications are a huge part of various research fields. Much can be learned from these documents. They aren't written for just anyone to understand, but a person with skills in the same field should follow the details.

Patent Application Process Steps

The patent application process is structured and involves multiple stages that inventors must carefully follow. Understanding these patent application process steps can help avoid costly mistakes and delays:

  1. Evaluate Patentability – Conduct a thorough prior art search to ensure your invention is novel and not already patented.
  2. Prepare the Application – Draft detailed descriptions, drawings, and claims. Precision is critical since the application cannot be changed once filed.
  3. File the Application – Submit the provisional or non-provisional (ordinary) application with the USPTO, including required forms, fees, and inventor declarations.
  4. Patent Pending Status – After filing, your invention is considered “patent pending,” which can deter competitors while the USPTO reviews your application.
  5. Examination by USPTO – A patent examiner reviews the claims, searches prior art, and may issue office actions requiring clarification, amendment, or arguments in response.
  6. Respond to Office Actions – Applicants must timely respond to rejections or objections. This step may involve refining claims or clarifying descriptions.
  7. Patent Grant or Rejection – If approved, the USPTO issues a patent grant, providing enforceable rights. If rejected, inventors may appeal or modify and refile.

These steps ensure that inventions are properly vetted for novelty, utility, and non-obviousness before protection is granted.

The Purpose of a Patent

The details included in the description of the invention depend on what is necessary to know for someone trying to use or make it. If specific measurements or tolerances aren't necessary information, then don't include them. You want a patent application to be clear, precise, and easy to follow. If it gets bogged down with irrelevant information, the application loses its purpose.

Patents are legally written for a person with ordinary skills in the relevant field and reviewed by judges who don't have backgrounds in the relevant fields or by juries of lay people without technical knowledge. So, patent attorneys have the task of using language that is understandable enough to the legal reviewers but also useful to the researchers in a certain field.

When filing a patent application, the inventor must submit the application, patent fee, and oath to the USPTO. Once the application is filed, it cannot be changed or added to. This means that it is very important to make sure that all of the necessary information is included in the first application.

If you need to submit a patent application, it is best to hire a patent attorney to help with the process. There are different ways to file for patents depending on the type of ownership an inventor is looking for. If you want ownership internationally, you'll need to go through a different process than for a patent that only applies in the U.S. This is where an experienced patent attorney comes in handy.

International Patent Considerations

While an ordinary patent application protects an invention in the United States, inventors seeking broader protection should consider international filings. Through the Patent Cooperation Treaty (PCT), applicants can file one international application to reserve the right to pursue patents in multiple countries. This does not itself grant worldwide protection but streamlines the process across jurisdictions.

For businesses operating globally, understanding the timing and deadlines under the PCT and foreign national laws is essential. Failing to file internationally within the prescribed timeframe can forfeit rights abroad.

What Is an Ordinary Application?

An ordinary patent application, or ordinary patent, refers to the basic type of application filed with the USPTO. If you're looking to protect a single invention and keep that protection confined to the U.S., then an ordinary patent will likely cover your needs. Priority applications and international applications are also available, among many other patent types, to cover the specific needs of various inventors.

Ordinary patents typically go through two stages of the application process, but some only require one stage. First, there is the provisional application and then the completed application. Once the completed application is processed and approved, you legally own a patent.

If an inventor is hoping to secure an early date of filing for their patent, they can file a provisional application. This type of application acts as a sort of place holder for the patent until the full application is approved and the patent granted. Sometimes, an invention isn't complete at the time that the inventor wants to protect it, so they file a provisional application in the meantime.

Common Challenges in the Patent Process

Inventors pursuing an ordinary patent often encounter obstacles during the application process. The most common challenges include:

  • Rejections based on prior art – Many applications face initial rejection due to similar inventions already on record.
  • Ambiguous or overly broad claims – Claims that are not specific enough may be rejected or weakened during examination.
  • Cost and time commitments – Patent prosecution can take several years and require significant financial investment.
  • Maintaining deadlines – Missing USPTO deadlines for office action responses or fee payments can result in application abandonment.
  • Balancing disclosure with protection – Inventors must disclose enough detail to satisfy patent law without giving away unnecessary competitive advantages.

By anticipating these challenges, inventors can better prepare their applications and increase the likelihood of success. Working with a skilled patent attorney can help mitigate these risks and ensure compliance with USPTO requirements.

Frequently Asked Questions

  1. What are the basic steps in the patent application process?
    The main steps include conducting a patent search, preparing and filing the application, USPTO examination, responding to office actions, and receiving approval or rejection.
  2. How long does it take to get a patent?
    The process can take 18 months to several years depending on complexity, USPTO backlog, and whether office actions require multiple responses.
  3. What is the difference between a provisional and an ordinary patent application?
    A provisional application secures a filing date but does not mature into a patent unless followed by a non-provisional (ordinary) application within 12 months.
  4. Can I apply for an international patent?
    There is no single “worldwide patent.” However, through the Patent Cooperation Treaty (PCT), you can file a unified application that preserves the right to seek patents in multiple countries.
  5. Do I need a patent attorney to file an ordinary patent?
    While you can file on your own, the application process is complex. A patent attorney can help ensure compliance, strengthen claims, and improve chances of approval.

If you need help with an ordinary patent, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.