Now that we have covered the most important pre-filing considerations, we will discuss the events that occur after the filing of the application. After the application is filed, the USPTO will perform an initial examination of the application. This initial examination will determine whether there are any missing parts to the application.
The USPTO will also determine whether the application concerns a matter of national security and should be subject to a secrecy order. The foreign filing of such applications will be restricted. There will also be specialized procedures with the USPTO for handling these applications.
A special examination group handles such applications. Publication may also be delayed, depending upon how long the secrecy order remains in effect. The agencies that may request secrecy orders are the Armed Services Patent Advisory Board, the Department of Energy or NASA.
The USPTO may also issue a restriction requirement, which will require the applicant to divide the application into two or more divisional applications. The USPTO may also make a request for information from the applicant.
Patent Examination Begins
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
Report Abusive Comment