How does patent examination work? What is the patent examination process like? This video explains how a non-provisional patent application is filed with the USPTO and waits in the queue for 1-3 years before examination begins. During this process, a patent examiner conducts a prior art search to determine if the claimed invention is new and non-obvious in light of the prior art. The subsequent examination process should be viewed like a trial, where you try to get the broadest claim scope possible, and where the examiner must make sure your invention is new and non-obvious in light of the prior art. The examiner issues an Office Action detailing the rejections, and applicants respond to these Office Actions. This back and forth can take months or years. Hopefully, the examiner is persuaded and allows the case, and after paying an issue fee, the patent application is granted as an issued patent.

Additional patent resources:
– My bestseller “Patents Demystified”: https://amzn.to/2MX5le9
– The top book for licensing your idea or invention: https://amzn.to/3tDLSib (One Simple Idea by Stephen Key)
– When must a patent application be filed: https://www.dwt.com/blogs/startup-law-blog/2020/08/when-to-file-startup-patent-application
– Is software patentable: https://www.dwt.com/blogs/startup-law-blog/2020/11/how-to-patent-software
– My appearance on CNBC's "The Profit" with Marcus Lemonis: https://www.cnbc.com/video/2019/11/08/coco-taps-owner-reviews-their-pending-patent-with-marcus-lemonis.html

***** DISCLAIMER: The information in this video does not constitute legal advice and should not be considered as such. Laws are subject to change and the information in this video may be out of date, so you should always consult an attorney about your specific issues given the current state of the law. ******

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