PART 2 OF 2
In Part 1, FluidityIQ CEO Jeff Roy sat down with Rick Seidel, former deputy commissioner for patents at the USPTO, to explore why patent searches are critical for independent inventors and how to approach them effectively. In Part 2, these experts discuss the patent examination process, common mistakes to avoid, and helpful resources for first-time filers. This interview has been edited for clarity and length.
Jeff Roy: How does a USPTO patent examination work?
Rick Seidel: Once you file your application and everything is in order, it might sit for 12 to 18 months because of the current unexamined backlog.
When an examiner picks it up, the first thing they do is read and really understand your invention, especially what you’re claiming. Then they search for prior art, looking for anything that might already exist and impact whether your patent can be granted.
From there, they decide to allow or reject the claims, and they communicate that in a written office action or sometimes a phone call. This part of the process typically takes about 10-15 hours, depending on the complexity of the technology examined and the experience level of the examiner.
Jeff Roy: What helps move a patent application quickly through the examination process?
Rick Seidel: The biggest factor is communication. Calling the examiner, just picking up the phone, can make a huge difference. Their contact information is at the bottom of every office action.
Often, delays come from misunderstandings or back-and-forth exchanges on paper. But when you talk to the examiner directly, he or she can explain why something was rejected, and you might even learn how to overcome it.
That kind of dialog is incredibly helpful. It’s easy to miss each other’s point when everything’s in writing, so reach out. Examiners are usually happy to talk. It’s one of the most effective, underrated ways to move your application forward.
Jeff Roy: What tends to trip up independent inventors during the patent process? Any tips for avoiding these pitfalls?
Rick Seidel: A big stumbling block is the Application Data Sheet; it’s critical but overlooked. It captures key info like your identity and any claims to priority, and getting it wrong can slow things down. But there are tools that can help with that—and most other aspects of the process.
The USPTO.gov website offers great resources, including a practice application (Training Mode) in the Patent Center. There’s also live support from the Applicant Assistance Unit for guidance after filing, the Inventors Assistance Center for help navigating the process, and the Electronic Business Center for technical assistance.
Don’t go it alone. Leverage the expertise of the USPTO staff in these resource centers and you’ll be more successful.
Access the full interview and more inventor-focused resources and insights at FluidityIQ.com/InventorsDigest.
