IP Monday Law Blog
Just like Michigan trees transform every fall, your idea transforms through the patent process — changing colors, shedding what doesn’t work, and eventually emerging stronger.
Fall in Michigan is about transition and preparation: leaves change color, plants shed the old to protect the new, and the air signals the shift into a new season. The patent process follows a similar rhythm. You start with an idea, let it develop, strip away what doesn’t hold up, and — if nurtured well — finish with a granted patent that stands tall and strong as an oak.
A Roadmap to the Patent Process
- File an Application — Planting the Seed
Like the first crisp fall morning, filing your application marks the official start of change. Whether provisional or non-provisional, it must fully enable your invention. Filing gives you that exciting “Patent Pending” status, like watching the first leaves turn red. - Waiting Period (≈16–24 Months) — Patience at Autumn’s Pace
Just as trees don’t rush their transformation, the United State Patent and Trademark Office (USPTO) takes its time. Your application sits in the queue until an Examiner picks it up. Think of this stage like enjoying the fall season — you can’t rush the color change, but you know transformation is happening. - Examination & Prior Art Search — The Raking of Leaves
The Examiner combs through prior art like a rake through fallen leaves. If they uncover something that makes your invention not novel or obvious, they’ll issue a rejection. It may feel like your neat pile is scattered by the wind — but it’s all part of the process. - Office Action Response — Turning Over a New Leaf
This is where you respond, amend claims, and argue your case. Like raking leaves into cleaner piles, you refine the scope of your invention. Every adjustment brings you closer to a clearer, stronger application. - Allowance — The Brightest Colors Shine Through
When the Examiner is persuaded, you will receive a Notice of Allowance. It’s like those peak fall days in Michigan when the maples blaze orange and gold — the hard work shows in brilliant clarity. You then pay the issue fee to secure the patent. - Patent Grant — The Evergreen Strength
At the end of autumn’s cycle, evergreens stand tall and steady while others shed. Similarly, your granted patent stands as an enforceable right, resilient and ready for seasons ahead.
Why This Matters Now
Just as autumn reminds us of cycles and preparation, the patent process reminds inventors that change and persistence lead to lasting protection. Filing smart, responding thoughtfully, and embracing the back-and-forth is part of turning over a new leaf for your invention’s future.
Like the seasons, timing matters — and missing your window could mean starting over. Ready to turn over a new leaf with your invention? Contact a member of our IP law team.
- Senior Attorney
Mikhail "Mike" Murshak is a licensed patent attorney and experienced Intellectual Property (IP) attorney specializing in patent, trademark strategy and acquisition, and general IP and business counseling including ...
