What is the Process of having Stellar Patent Draft and file a Patent Application for me?

By: Brian Downing | Last updated on: 08/14/2024

This patent FAQ discusses the process of having Stellar Patent® draft and file a non-provisional patent application. This service is referred to as patent preparation.

Table of Contents

1. Become Stellar Patent® client

If not already a Stellar Patent® client, you will need to become a Stellar Patent® client.

2. Patent Search [optional]

Optionally, you may have a patent search performed to search for your invention. Generally, the search is limited to either U.S. patent databases or worldwide patent databases. If you choose a patent search, Stellar Patent® can evaluate the patent search results to determine if the patent search found your invention.

3. Inventor Meeting

We will have an inventors meeting to go into the technical details of your invention. The meeting is typically less than an hour. If possible, we prefer you send any documentation about your invention before the meeting so we have time to review the documentation before our meeting. This meeting is typically a video meeting.

4. Create Drawings

Generally, Stellar Patent® will create the drawings for your patent application and get your feedback to be sure we understand your invention. While creating the drawings, if we have questions about your invention, we may contact you via your preferred method.

After we receive your feedback, if needed, we will revise the drawings until the drawings accurately describe your invention.

Once you approve the drawings, Stellar Patent® will begin drafting the remainder of the patent application.

5. Drafting Patent Application

After Stellar Patent® finishes drafting the patent application, we will discuss the patent application with you to determine if the patent application accurately describes your invention. We will revise the patent application based on your feedback and repeat until the patent application describes your invention. Typically, it takes no more than one revision of the patent application to be ready to be filed with the U.S. Patent and Trademark Office (USPTO).

6. Prepare Supporting Documentation and file Patent Application

Once you are satisfied with the patent application, Stellar Patent® will prepare the required documents for your signature(s), and then file the patent application with the USPTO along with submitting the USPTO fees.

7. Filing Receipt

After the USPTO confirms the formalities of the patent application have been completed, the USPTO will issue a filing receipt. On rare occasions, the USPTO will find issues with the patent application. If the USPTO finds issues, we will address these issues.

8. Wait for the USPTO to Examine Patent Application

Now we wait for the USPTO to examine the patent application. This phase of the patenting process is commonly called patent prosecution. The goal of the USPTO is to examine the patent application in eighteen months, and our experience is some of the high tech areas can take three years for examination.

To learn more patent prosecution:

Overview of Patenting

Patent Prosecution with Stellar Patent®