The Patent Process

Application Process

Inventors work with a patent attorney and Technology Transfer Services to prepare a patent application. A patent application includes a specification detailing the invention, patent claims that describe the invention in legal terms, and other required components (such as an declaration by the inventor(s), drawings, etc.).

Application Filing

In concert with Technology Transfer Services, the patent attorney files the patent application with the United States Patent and Trademark Office and potentially other foreign patent offices.

Patent Prosecution

“Patent prosecution” is the time between application filing and issuance of a patent (or abandonment of the application). The invention is “patent pending” during patent prosecution. During patent prosecution, the patent application is rigorously evaluated by a patent examiner to ensure that it meets all legal requirements.

The patent claims are also scrutinized for patentability. Patentability includes, inter alia, evaluation of the subject matter (e.g., things occurring in nature are not patent-eligible); novelty (Is the invention new? Was it previously disclosed in prior publications? etc.); and non-obviousness (Does the invention meet the standards of inventiveness based upon what is known in the art?).

The patent examiner will interact with the applicant’s patent agent/attorney who will coordinate efforts and strategy with the inventor(s), USU’s Office of General Counsel, and Technology Transfer Services. Often the patent claims are amended and adjusted during patent prosecution to distinguish the invention from prior art (publications, presentation, and other public disclosure that occurred prior to the filing date of the patent application).

In the United States, patent prosecution on average takes a little over 2 years and results in either allowance of the application and issuance of a patent or abandonment of the application.

Patent Issuance and Maintenance

If the patent applications is “allowed” by the patent examiner, then it may issue and be published as a patent. After a patent is issued, the patent owner must pay regular fees to maintain it as an active patent. In the United States, a patent can have a patent term of up to 20 years from the earliest patent application filing date. During the patent term, the owner has exclusive legal privileges relating to practicing and commercializing the invention. At the conclusion of the patent term, the invention enters the “public domain” and may be used or practiced by anyone.