A patent is a legal right granted by the government that gives the inventor exclusive rights to make, use, sell, or license their invention for a set period of time. Patents protect inventions—specifically any new and useful process, machine, manufacture, or composition of matter, as well as improvements to those inventions (35 U.S.C. § 101). Design patents protect new, original, and ornamental designs applied to manufactured articles (35 U.S.C. § 171). The typical term for a utility patent is 20 years from the date of filing, while a design patent lasts 15 years from the date of grant (if filed on or after May 13, 2015) or 14 years (if filed before that date).

If you’re unsure what type of protection fits your work, we can help guide you.

Once a patent application is filed, it enters a waiting period before examination begins. This period can last a year or more depending on the backlog at the United States Patent and Trademark Office (USPTO) and the type of application filed. When the application is assigned to an examiner, the examination process—known as patent prosecution—officially begins.

The examiner will review the application for compliance with patent laws, including novelty, non-obviousness, and enablement. If issues are found, an Office Action is issued. This is a formal response requiring clarification, amendment, or legal argument. Your attorney will respond to the Office Action and work toward overcoming any objections. This process may take multiple rounds.

If the examiner is satisfied, the application proceeds to allowance and ultimately issues as a granted patent. Askew IP manages this process from start to finish, ensuring each step is handled with precision and strategy.

A rejection doesn’t mean the end of your patent journey. In fact, most applications receive at least one rejection during prosecution. Rejections typically come in the form of non-final or final Office Actions and may cite issues like prior art, lack of clarity, or claim scope.

In response, your attorney can revise the claims, present legal arguments, or adjust the description to address the examiner’s concerns. If a satisfactory resolution isn’t reached, the application may be appealed to the Patent Trial and Appeal Board (PTAB). This formal appeal allows for further legal argument and may result in the reversal of the examiner’s decision.

Askew IP has extensive experience guiding clients through rejections and appeals, turning setbacks into opportunities to strengthen the application.

Yes. In certain situations, you can modify a granted patent through a process known as a reissue application. This is used to correct errors in the patent, such as incorrect claims or defects in the disclosure. Reissues can also be used to broaden the scope of protection—if filed within two years of the original grant.

Alternatively, certificate of correction may be used for minor errors like typos or clerical mistakes. These are more limited in scope, but can help preserve the accuracy and enforceability of your patent.

At Askew IP, we evaluate your specific needs and advise whether a reissue or other correction procedure is appropriate to protect the integrity and value of your intellectual property.