If you believe you have a novel invention, you may submit a patent application. This documentation will then be assigned to a patent examiner at the United States Patent and Trademark Office, or USPTO, who will take your case.
In a general sense, the role of the patent examiner is to look at the application and decide whether or not it meets the legal requirements.
For instance, a patent could be for a machine, a process, a composition or even a plant. So one of the first steps is for the patent examiner to determine if you have the right type of invention and if it is truly a novel idea, or if they believe it is something that has already been available to the public.
Responding to notices
As the patent examiner goes through this process, they may send certain notices to you on behalf of the USPTO. You can respond to these in writing.
Additionally, if there are certain issues, it may be possible to schedule an interview. The examiner may want more information about your product, for example, to demonstrate why it is truly unique and deserves its own patent. It may be best for you to sit down with them in person and go over these details to support your case.
Working with your attorney
One important thing to note is that the patent examiner will likely work with either you or your attorney, but not both. This can streamline the communication process. If you hire a patent attorney, they can handle these communications and will then talk to you to discuss any requirements from the patent examiner or evidence that needs to be submitted.
Obtaining the correct patent is an important step to take to protect your invention and potentially profit from it moving forward. Make sure you know exactly what legal steps you will need to take and how an experienced attorney can help you submit your application and work with the patent office.
