Patent Application Process

File the patent application. If a patent is to be pursued, the KUCTC retains a patent attorney with expertise in the technology area to assist the inventor with the patent application process. The patent application must fully disclose the invention so as to teach others how to make and/or use the invention and clearly defines the parameters or scope of the patent. As such, it is similar in many respects to a detailed scientific paper with one or more claims describing the invention.

Examination of patent application. U.S. Patent and Trademark Office (PTO). A PTO Examiner will search both the scientific and patent literature to determine whether the application discloses and claims new and patentable subject matter. The Examiner will judge the allowability of each claim. The basis for rejection of a patent application is most often on the basis of prior patents or publications, which in the Examiner’s view, render the new invention obvious. The result of the PTO examination is called an Office Action. The Inventor usually receives a copy of these Office Action rejections about 12-18 months after filing the patent application.

Respond to Office Action. The patent attorney, with the assistance of the inventor, responds to the examiner with arguments about why the invention is patentable. Steps 2 and 3 may be repeated.

Application is published by PTO. Patent applications filed after November 29, 2000 will be published 18 months from the earliest effective date of application.

Notice of allowance is sent when the examiner is satisfied that all claims meet the criteria. The fee to issue the patent is due three months from the notice of allowance.

Patent is Issued. The term of the patent begins with the earliest effective application date. Maintenance fees are assessed at three, seven and eleven years of the term to continue federal protection.

• Patent Invention disclosure questionnaire
• Creative works checklist
• Creative works invention disclosure questionnaire
• Revenue Distribution Agreement