what happens after you file a patent application

What Happens After You File a Patent Application?

Introduction

Filing a patent application is a major step in protecting your invention, but it’s not the end of the journey—it’s the beginning. Many inventors file and then wonder: what happens after you file a patent application?

This guide walks you through each phase of the post-filing process, whether you submitted a provisional patent application or a full non-provisional utility application. Knowing what to expect can help you avoid delays, meet deadlines, and make smarter decisions about your invention’s future.

Step 1: Receive a Filing Receipt

After you file your non-provisional patent application, the United States Patent and Trademark Office (USPTO) will issue a filing receipt that includes:

  • Application number
  • Filing date
  • Confirmation number
  • Estimated wait time for examination

If you filed a provisional patent application, you’ll also receive a filing receipt—but it won’t be examined unless you follow up with a non-provisional filing within 12 months.

Step 2: Wait for the USPTO to Begin Examination

The USPTO typically takes 12 to 24 months to assign an examiner and begin the patent examination process for utility applications. The wait time depends on:

  • The type of invention
  • USPTO workload
  • Whether you request Track One prioritized examination (which cuts wait time to ~6 months for an extra fee)

During this waiting period, your application is considered “patent pending”.

Step 3: Patent Examiner Reviews Your Application

A USPTO examiner will:

  • Search for similar inventions (prior art)
  • Evaluate whether your invention is novel, non-obvious, and useful
  • Check that your claims are supported by your description and drawings

This often leads to the next step: an Office Action.

Step 4: Receive an Office Action (Most Common Outcome)

Most applications receive an Office Action — a letter from the USPTO explaining issues or objections. Common reasons:

  • Too broad or unclear claims
  • Similar existing patents found
  • Insufficient technical explanation

You (or your attorney) must respond within 3 months (extendable to 6 months with additional fees). A well-crafted response can lead to approval—or another round of review.

Step 5: Respond and Negotiate

You may go through multiple Office Actions and back-and-forth discussions with the examiner. This process is called “patent prosecution.”

Your options:

  • Amend the claims to narrow or clarify
  • Argue against the rejection with legal precedent
  • Request an interview with the examiner

This phase can take several months or even years depending on complexity and examiner workload.

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Step 6: Notice of Allowance

If the examiner approves your application, you’ll receive a Notice of Allowance. This means:

  • Your claims are approved
  • You must pay the issue fee (usually $500–$1,000 depending on entity size)
  • Your patent will be granted in about 6 to 12 weeks

Step 7: Patent Issuance and Maintenance Fees

Once granted:

  • Your patent will be published and issued with a patent number
  • You’ll need to pay maintenance fees at 3.5, 7.5, and 11.5 years for utility patents

Design patents and provisional applications do not require maintenance fees.

What About Provisional Patent Applications?

If you filed a provisional patent application, it will not be examined. You have 12 months from the filing date to submit a non-provisional application that claims the benefit of the original filing date.

If you miss this deadline:

  • Your provisional filing expires
  • You lose your priority date
  • You may forfeit protection if your idea has been publicly disclosed

Conclusion

Understanding what happens after you file a patent application ensures you’re prepared for the next steps. From office actions to final approval, navigating the patent process correctly can increase your chances of success.

Need help with patent filings or responding to office actions? InventionHome connects inventors with patent professionals to streamline the process.

Get started today with a free consultation!

How InventionHome Can Help

Navigating what happens after you file a patent application can be confusing, especially if you receive rejections or requests for revisions. InventionHome makes the process easier by connecting inventors with independent patent attorneys who:

  • Respond to Office Actions
  • Draft non-provisional applications
  • File continuation applications if needed

We also offer provisional patent application services, 3D prototype design, and licensing support to help you commercialize your invention once it’s protected.

Ready to protect your invention? Request a free consultation today!

Frequently Asked Questions (FAQs)

How long does it take to get a patent approved?

On average, 18–36 months for utility patents. You can request expedited review through Track One.

What happens if I get an Office Action?

You must respond within 3–6 months. Most applications require at least one Office Action before approval.

Can I start selling my invention while waiting?

Yes, once you’ve filed, you can mark your product as “Patent Pending” and begin testing or selling it.

For more details, visit USPTO.gov.

Internal Resources for Inventors

About InventionHome

InventionHome is a trusted leader in helping everyday inventors bring their ideas to life. From patent protection and 3D virtual prototyping to product marketing and licensing, we provide the tools, expertise, and guidance to support inventors at every step. Our streamlined, affordable approach helps simplify the invention process while increasing the chances of success.

Whether you’re just starting with an idea or looking to license a finished product, InventionHome is here to help. We work with first-time inventors, seasoned innovators, and everyone in between—connecting them with companies looking for new products and opportunities. Our mission is to make inventing accessible, rewarding, and achievable.

Ready to take the next step? Email us at info@inventionhome.com or request your free consultation here to get expert help with your invention journey.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. While we strive to provide accurate and helpful information about the invention and patent process, InventionHome is not a law firm and does not offer legal services or legal representation. Nothing in this article should be considered a substitute for legal advice from a licensed attorney who is qualified to practice in your jurisdiction and is familiar with the specific facts of your situation. If you have questions about patent law, intellectual property rights, or the legal protection of your invention, we strongly recommend consulting with a qualified patent attorney.