What to Do If Your Patent Application Shows “Under Examination”

You’ve done the hard work. You drafted your invention disclosure, worked with a patent attorney, filed your application, and waited. Then, one day, you log into the patent office portal and see those two words: “Under Examination.” For many inventors and business owners, this status update raises more questions than it answers. What does it actually mean? How long will it take? And most importantly — what should you be doing right now?

At Lexgin, we work with inventors and companies at every stage of the patent journey. In this guide, we break down exactly what “Under Examination” means, what happens behind the scenes at the patent office, and the concrete steps you should take to protect your interests and move your application forward.

What Does “Under Examination” Actually Mean?

When your patent application status reads “Under Examination,” it means your application has been assigned to a patent examiner who is actively reviewing it. This is a significant milestone – it means your application has cleared the initial formality checks and is now being assessed on its substantive merits.

During this phase, the examiner is doing several things: reviewing your claims, searching prior art databases to find existing patents or publications that might be similar to your invention, and evaluating whether your application meets the legal requirements for patentability – novelty, non-obviousness, and utility.

It’s important to understand that “Under Examination” does not mean your patent is approved, nor does it mean it’s been rejected. It simply means the formal review process has begun. This stage can last anywhere from several months to over a year, depending on the technology field, the complexity of your application, and the current backlog at the patent office.

What Happens During the Examination Process?

Understanding the examination process can help you set realistic expectations and make informed decisions. Here is a high-level overview of what is happening while your application is under review:

• Prior Art Search: The examiner searches patent databases, scientific journals, and public records to find inventions or publications that predate yours and might affect the novelty of your claims.
• Claim Analysis: The examiner reviews each of your patent claims to determine their scope and assess whether they meet the statutory requirements for patentability.
• Office Action Issuance: After the examination, the examiner will typically issue an Office Action – a written document that either approves your claims, rejects them with reasons, or requests clarification or amendments.

Receiving an Office Action with rejections is not uncommon and should not be cause for alarm. In fact, the majority of patent applications receive at least one rejection before being granted. The examination process is a dialogue, not a one-shot verdict.

Steps to Take While Your Application Is Under Examination

1. Stay Informed and Monitor Your Application

Regularly check the status of your application through the patent office’s online portal. Most patent offices, including the USPTO, UKIPO, and EPO, provide online tracking systems. Sign up for alerts or notifications so you don’t miss important updates. Missing a deadline to respond to an Office Action can result in your application going abandoned, which is a costly mistake.

2. Keep Your Patent Attorney in the Loop

If you filed through a patent attorney or agent, maintain open communication with them throughout this period. They are responsible for responding to any Office Actions issued by the examiner, and they need to be informed of any developments in your business or technology that might affect the strategy around your application. A good attorney will proactively update you and prepare you for possible next steps.

3. Document Ongoing Development of Your Invention

While your application is pending, continue documenting any improvements, refinements, or new features you add to your invention. These developments could form the basis of continuation applications or additional claims that broaden your protection. Use dated lab notebooks, internal memos, or digital timestamps to maintain a clear record of your innovation timeline.

4. Consider Filing a Continuation or Provisional If Needed

If your product has evolved significantly since your original filing, or if you want to protect a new aspect of the invention, you may want to consider filing a continuation application. This allows you to pursue additional claims while maintaining the priority date of your original application. Speak with your attorney about whether a continuation-in-part or divisional application might be appropriate for your situation.

5. Review and Respond Promptly to Any Office Actions

If and when the examiner issues an Office Action, time is of the essence. You typically have three months to respond without incurring late fees, and up to six months with extension fees. Work closely with your attorney to craft a persuasive response that addresses each rejection, argues the merits of your claims, and if necessary, amends the claims to overcome the examiner’s objections without surrendering critical scope.

Using the “Pending” Status to Your Advantage

Many inventors don’t realize that while your patent application is pending – including during the “Under Examination” phase – you can legally mark your product as “Patent Pending.” This is a valuable commercial and legal signal. It notifies competitors that a patent is in the pipeline and can deter potential infringers from copying your invention.

Additionally, you can enter into licensing discussions or partnership agreements while your application is still pending. Many investors and business partners view a pending patent application favorably, especially if it covers a core technology. Make sure to disclose that the patent has not yet been granted and that the claims may change before issuance.

When to Worry – and When Not To

Not every development during the examination process requires urgent action, but some do. Here is a quick guide to help you gauge the urgency of what you may encounter:

• Non-Final Office Action: This is routine. Respond thoughtfully but don’t panic. You have the opportunity to argue and amend.
• Final Office Action: More serious, but not the end. You can still respond, file a Request for Continued Examination (RCE), or appeal the examiner’s decision.
• Notice of Allowance: Great news! Your claims have been approved. You’ll need to pay the issue fee within a specified period to receive the patent.
• No communication for over a year: This can happen in technology areas with heavy backlogs. Consider filing a petition to make your application special or a Track One prioritized examination if speed is critical for your business.

Final Thoughts: Patience, Strategy, and Vigilance

Seeing “Under Examination” on your patent application status is a moment to take a breath and trust the process – but it is also a moment to stay engaged. Patent prosecution is a marathon, not a sprint. The decisions you make during this phase, from how you respond to rejections to whether you file additional applications, will shape the ultimate value and scope of your patent protection.

At Lexgin, our team of experienced patent professionals is here to guide you through every stage of the patent process. Whether you need help understanding an Office Action, crafting a response strategy, or planning a broader IP portfolio, we bring clarity and expertise to every engagement.