Action Items to Consider After Receiving a Notice Of Allowance for Your Patent Application
Depending on your unique circumstances, the patent application process can last months, or possibly even years. At some point, there is a chance you will receive a Notice of Allowance (NOA) from the United States Patent and Trademark Office (USPTO). The NOA advises that your invention is in fact eligible for patent protection.
When you receive the NOA, you may be tempted to simply pay the mandatory fee and reach the conclusion of your patent journey. However, there is a risk that, in doing so, you could be giving yourself, and by extension your patent application, short shrift. It is also important to point out that receiving an NOA is not the official end of the patent application process. In fact, there are additional steps you need to consider before agreeing to move forward.
Paying the Required Fees
The NOA will likely include details about required fees and whether revised or final drawings are necessary. You have three months from the date of issuance of the patent allowance to pay these mandatory fees. It is important to keep an eye on the three-month filing deadline. If you fail to pay the fees by the due date, you are essentially abandoning all the work you did to get to this point.
After paying the required fees, be prepared to wait an additional 4-6 weeks. At that point, you should officially obtain patent rights and protection. You can expect to receive an official patent number and date, along with a hard ribbon copy of the patent.
You may be tempted to pay the required fees right away. However, there may be an advantage to exercising patience and holding off on making the payment listed in the NOA. Consult a patent attorney in Los Angeles for the right course of action.
When you receive an NOA from the USPTO, you have one more chance to submit improvements or variations not originally covered in your patent application filings. Doing so at this point is important because a knowledgeable patent attorney can help determine whether it makes sense to make any additional filings for your patent portfolio.
It is also important to remember that you retain the right to file continuations, divisionals or continuations-in-part (collectively referred to as “child patents”) for your patent — but only while the application is still pending. If you pay the patent fee without exploring your need for the additional protection these filings may be able to provide, you could be giving up important legal rights and protections.
Considering a “Child” Patent
If you made improvements to your design, it might be in your best interest to file a “child” patent application. Your patent attorney will work to complete these filings as efficiently as possible while your primary patent application is still pending. Before deciding to just pay the NOA fee, consult with a Los Angeles patent lawyer and explore whether additional child patent applications may be beneficial and advantageous. In doing so, you can be more secure in the patent protection you have been patiently waiting to receive.
There are various types of child patents you can file, including:
• Continuation Application:
• Continuation In-Part Application
• New Design Patent Application
• Divisional Application:
Have Questions? Contact an Experienced Patent Attorney in Los Angeles at Omni Legal Group Today
If you have questions about what to do after receiving an NOA from the USPTO, contact the Omni Legal Group today at 855.433.2226. A skilled and highly knowledgeable USPTO-registered patent attorney in Los Angeles at Omni Legal stands ready to discuss your invention to determine the right type of patent application for you and the best steps to take once you receive an NOA. You can always expect the expert legal professionals at Omni Legal to give you and your invention the care and attention you deserve. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.