Once you have filed a non-provisional patent application and it is published, you might be wondering what happens next in the patent process or if the patent office automatically examines your application. The examination process and timelines vary depending on the patent jurisdiction in which you file your application.

In most countries, including Canada, Japan, Europe, Russia, and India, patent examination is not automatic and requires a formal request from the applicant. While filing the application initiates the patent process, examination will happen only after the request for examination is submitted.

However, in a few countries such as the United States and China, patent application is automatically examined upon filing, without the need for a separate request.

Furthermore, in countries such as the United States and India, applicants have the option to expedite the examination process by filing an accelerated or expedited examination request. This request prioritizes the application, placing it ahead of others in the examination queue. Consequently, the patent application undergoes examination sooner than those in the regular queue, potentially shortening the typical wait time of a few years for examination results and expediting the overall process of obtaining a patent.

During examination, the application is examined by a patent examiner to assess its patentability. The examiner reviews the application to determine if the invention meets the criteria for patent protection, including novelty, non-obviousness, and industrial applicability.

The examiner conducts a thorough search of prior art, which includes existing patents, publications, and other public knowledge relevant to the invention. Based on this search, the examiner evaluates whether the invention is novel and non-obvious compared to existing technology. If the examiner identifies any issues with the application or believes that the invention does not meet the patentability criteria, they may issue an office action outlining their findings and any rejections.

As an applicant, you have the opportunity to respond to the office action by addressing the examiner's concerns, providing additional information, or amending the claims of your application. This process often involves back-and-forth communication between you or your patent attorney and the examiner until the issues are resolved satisfactorily.

Once the examiner is satisfied that the invention meets the patentability requirements, the patent office issues the patent grant, officially granting you exclusive rights to your invention for a specified period, typically 20 years from the filing date of the patent application. With the patent grant in hand, you can enforce your rights against any unauthorized use, manufacture, or sale of your patented invention.

It is important to note that the patent process can be complex and time-consuming, and the timeline for examination and grant can vary depending on factors such as the backlog at the patent office and the complexity of the invention.