What are the next steps when the preliminary patentability search is favorable?
If the preliminary patentability search results are favorable, this is when the patent attorney prepares the utility patent application. When the initial draft of the application is complete, the draft is provided to the inventor for his or her review to make sure the application is technically accurate and complete. The inventor’s comments are carefully considered in the preparation of the final draft, which is presented to the inventor for review prior to filing. The USPTO requires that each inventor sign a Declaration when the application is filed in the USPTO acknowledging a duty to disclose information of which he is aware and which may be considered to be material to the examination of the application. Such information may possibly include devices, products, publications, etc. which are similar to the invention and which were publicly known before the invention, and it may also include any public disclosure, commercial use, or offer of sale of the invention more than one year pri
