Protecting Your Ideas

180

Filing and Prosecuting the Patent Application

must be paid by 3.5,

7.5,

and 11.5 years from the date the patent is-

sues. If the maintenance fee is not paid, the patent is no longer en-

forceable. The whole patent process takes approximately 20 months

from the time one files the application to the time the patent issues.

Figure 8.9 is a flow chart showing the steps in the process and the ap-

proximate time involved in getting a patent once the application is

filed.

Accelerating the

Patent Process

New patent applications are examined in order based on their

U.S. filing dates. However, it is possible to have an application exam-

ined out of order by filing a

petition to make special.

A petition to make special is a means for accelerating

the patent prosecution process by filing a paper in the

U.S.P.T.O. requesting that the case be made special based

on certain grounds and, in some instances, paying an ad-

ditional fee.

There are 12 different circumstances in which a person may

file a petition to make special: 9

(1) Manufacture---There is written evidence of a prospective

U.S. manufacturer with sufficient capital and facilities who is obligat-

ed to manufacture the invention immediately upon the allowance of

claims or issuance of a patent that protects the invention.

(2) Infringement~A verified statement is provided that al-

leges that there is an infringing device or product actually on the

market or method in use that infringes the claims in the patent appli-

cation.

181

Accelerating the Patent Process

UNn'ED STATE8 DEPAKrMENT OF COIIIIEN~

i and ltlllllllllt O/ltle

NOTICE OF ALLOWANCE AND ISSUE FEE DUE

r:3N 1 / s ;I. 1 ,.:.

JOY L i~RYANI"

"703 glHf4LER [>RIVE"

NEI~F'C.iRT NEWS VA 23~,1):~:

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0~:/91:1~:, ~4~4 (,~:/0 7/'.~'/ 008 BRtTIWi'.t, ;i :L~:~:0 ! ili 1 / 1F_./'~;!.::

.....

~ THOMF'."SON,

J'ASt-.IN I-'i.

~ACK~Oi':lRi':, 1 NHOB I 1.. ;I 7. (~i'f" I fiN bE V 1. i...F

9 .T,'8~o~'~'..~. i,=,.,,m.--~-I i~. I "~"~'~ I

3 J'~'r J,,J, S-- 1 ,1 ~:'.7:7: -- {-37 i'.l, 000 W4S I..rr l [.. ['lY

A B C

/ / , /

lIw.itm~ I ~ixi ! ~llLI

YES

I~61:1.01} 1"14/1 ~/91:'.I

THE APPLICA ilON IDENi~ED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ._u~u_J.i.NCE AS A PA TENT.

PROlm~fflON ON THE ~ IB CLOSED,

THE ISSUE FEE ~ BE PAID WITHIN THREE MONTHS FROM THE MAILING DA lrE OF THIS NOTICE OR T1118

APPLICATION SHALL BE REGARDED All ABANDONED. THIS STATUT(~Y PERIOD CANNOT BE

BfTEMiED,

HOW TO RESPOND TO THIS NOTICE:

I. ilvlw Ihll SMALL ENTITY ilia ilown abo~.

If lixl SMALL ENTITY Is litlown is YES,

verily your If the SMALL ENTITY kl shown as NO:

Ixmlnt SMALL ENTITY slus:

A. If Uw Mnluu ix changed, pliy twioe Ihe IT~OUnt Of the

FEE DUE shown Idiove

llrid notify It Patent and

A. Pay FEE DUE shown above, or

Trlldemirk Offioe

of the dinge in slatus,

or

B. If the stlilus Is the same, pay the FEE DUE shown

above. B. File verified slatenint of Small Entily Slalus before, or wtlh,

payment of 1/2 the FEE DUE ~ above.

II. Part B-Issue Fee Traninilil should be completed and retlxned to the Patent and Trademark Office (Fro) wilh your

ISSUE FEE. Even if the ISSUE FEE has idmady been paid by ~ to deposit account, Pil B Ilsue Fee Trlmlminl

liilould be compleid and returned. If you am dirgtng 1~ ISSUE FEE to your deposit licoolxlt, leclkin "41)" of Part

B-issue Fee TraninlUaJ

should be oompleted and an extra oopy of the form should be submllmd.

III. NI communicallons regllrding lhis applkiltion must give application

number arid batch number.

Plea~ direct all communi~tions prior

to kl~lnce to

Box ISSUE FEE unless advised to the contrary.

IIIPORTANT RElilll~R: lltilny pmnl ~ on appIioaUons ff~ on or aflr Dec. 12, tltll my require ~ of

rnlllnllan~ llu. It le pItenltl's rllponsibUlty to lmsurt limlly plymltlt of midnllllln~

i~whendu~

YOUR COPY

PTOL46 (REV. 10-1iS) ~

llrlm ~ 0enlll.

(oslll.oo~) .,.,f ,: ~.n,,,=,,~rwr ~,r~,.,,- ,~r,-,~ ,,r,

,,, ,,, ,,~,,

FIGURE 8.8

A Notice of

Allowance and Issue Fee

Due. Section A indicates the

small

entity status, Section B sets forth the amount of the issue

fee and

sec-

tion C states when it is due.