How U.S. patent law works, from filing to expiryReviewed 9 November 2026
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Glossary

Utility patent
A patent on a new and useful process, machine, article of manufacture or composition of matter; generally 20 years from filing.
Design patent
A patent on the ornamental design of an article; 15 years from grant for applications filed on or after May 13, 2015.
Provisional application
A lower-cost U.S. filing that holds a filing date for 12 months; it is not examined and must be followed by a nonprovisional application to keep the date.
Office action
An examiner's written decision on an application, to which the applicant replies.
Prior art
Earlier patents, publications and public disclosures used to judge whether an invention is new and nonobvious.
Patent prosecution
Preparing, filing and arguing a patent application before the USPTO until it is granted or abandoned.
MPEP
Manual of Patent Examining Procedure, the USPTO's examiner manual and the only reference allowed on the patent bar.
AIA
The Leahy-Smith America Invents Act of 2011, which moved the U.S. to first-inventor-to-file.
USPTO
The United States Patent and Trademark Office.