SUPPLEMENTAL EXAMINATION
Once your patent is approved, there’s many other ways to further strengthen its protection.
Post Patent Approval
What is Supplemental Examination?
Supplemental examination is another option for patent holders to strengthen existing patents. It presents an excellent opportunity for a patent holder to submit information to the U.S. Patent Office prior to litigation.
Using a supplemental examination request, the patent holder asks that the Patent Office to “consider, reconsider, or correct information believed to be relevant to the patent.”
Where the information submitted raises a “substantial new question of patentability,” an examination proceeding will be commenced by the U.S. Patent Office.
A primary goal of supplemental examination is to provide the patent holder a mechanism to cure issues that might otherwise lead to an inequitable conduct charge.
Where the U.S. Patent Office determines that the information fails to raise a substantial new question of patentability, a finding of inequitable conduct will likely be difficult to obtain in a litigation proceeding.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
Let’s Talk About Your Invention
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In-Person Consultation
Prefer a face-to-face and a handshake? We have offices in Chicago or Naperville, Illinois.
Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.