Patent Application Preparation Outline

2 minute read
Lloyd & Mousilli always endeavors to educate our clients on their intellectual property strategies. With this objective in mind, we have prepared this brief overview for you of the patent application process with some key points to consider in filing.


The general timing for each step in theapplication is provided in the outline below. In case of urgent needs,expedited processing is available as required.

The U.S. Patent and Trademark Office (USPTO) offers inventors the option of filing a provisional application for patent which was designed to provide a lower-cost first patent filing in the United States than traditional nonprovisional patent applications.

Step1: Patent Prior Art Search and Report (5-10 business days)

This is a prudent and essential step ofdue diligence to determine the scope and extent of the relevant prior art. Thesearch will identify any patents or patent applications that might beconsidered relevant to the inventive concept.

PatBase offers access to bibliographicinformation and Full-Text of patent documents from over 95 patent issuingauthorities worldwide. PatBase offers additional patent information and relatedservices, such as direct links to patent registers, legal status, copies oforiginal patent documents, translations and more. PatBase has been designedspecifically for patent professionals and patent searchers. It facilitates thecombining of full-text searching with the five main classifications andproduces results grouped by patent families.

Pat Base is used frame for completingand reviewing the patent prior art search is typically two weeks.

The prior art search typically takesfrom 5 to 8 business days. We generally give the client a couple of days to aweek to review the material before going over it and discussing strategiesgoing forward.

Search queries will be developed tofind issued patents and patent application publications that are relevant tothe invention:

1) Key word and Boolean operators willbe used and tested for scope and relevance;

2) Citation analysis using selectedpatents and patent applications will be included in search queries;

3) Specific patent classes andsub-classes will be evaluated and included for refining the

scope of broad keyword queries;

4) Assignee searches will be conductedwith class and/or keyword limitation.

Step2: Claim and Drawing Draft (5-10 business days)

A full set of claims and figures areprepared for review and evaluation. The drawings are prepared to ensure thatall embodiment and critical features of the invention are shown. The claims areprepared to ensure the full scope of the invention is covered and to confirmthat the nomenclature used for describing the features of the invention arecorrect. The inventor is asked to comment and provide feedback on the drawingsand claims. Edits and additions will be made as required.

Step3: Full Patent Application Draft (5-10 business days)

With confirmation from the inventorthat the drawings and claims are acceptable, a full patent application isprepared complete with the following:

1) Background;

2) Summary of the invention;

3) Description of the figures;

4) Detailed description of theembodiments; and

5) Additional claim edits and additionsas a function of preparing the full specification.

The inventor is asked to review andprovide feedback on the patent application draft. Edits and additions are madeas required.

Step4: Patent Application Filing (1-2 days)

The filing forms for the patentapplication will be prepared and signatures will be required from theinventor(s). A determination of the filing status, (non-discounted, small andmicro-entity) will be made and the application will be filed accordingly. Acertification of micro entity status will be required if the inventorqualifies.

Upon approval from inventor usuallywithin 1 to 2 business days)

An acknowledgement receipt will beprovided along with a copy of the application as filed after filing.

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