top of page

Utility Patent Application
(Non-Provisional)

A utility patent gives the patent holder the right to exclude others from making, using, importing, selling, or offering to sell the patented invention.

Leatherman_Transparent1.png

Timeline: 4 - 8 weeks from project kickoff to application submitted to USPTO

Milestones:

  1. Deliver Claims and Features List to Client for review

    • ​5 business days

  2. Deliver FIRST Draft of Patent Application to Client for review

    • 5 - 10 business days​

  3. Deliver FINAL Draft of Patent Application to Client for approval

    • 5 business days​

  4. Submit Utility Patent Application to USPTO

    • 2 business days

Note: The initiation of each milestone may dependent on Client-provided documents/feedback.

Patent Strategy:

  • The claims of a patent application are what the examiner will be analyzing for novelty against the prior art. The examiner will interperate the meaning of the terms used in the claims based on how those terms are defined/described in the written description. Therefore, before begining with the written description of the invention, it is important to (a) make a list of key invention features and (b) draft a set of claims using those feature terms. The features list and claims then guide the development of the written description. 

  • It is important to describe all versions or varitations of your invention, even if those other versions perform worse than your preferred embodiment. By describing these lesser versions of your invention we will "build a moat" around your preferred embodiment, such that it will be more difficult for competitors to copy your idea. 

USPTO Timeline:

  • A Non-provisional Patent typically takes between 12 - 36 months to be approved.

  • The USPTO will provide a first response to the application ("first office action") around 10 - 18 months after the filing date.

bottom of page