The Procedure for Filing a Patent Application

Learn how to patent your innovation from conception through completion of paperwork.

What you’ll discover:

Make the Application
Submit Your Application and Pay Your Fees Application Processing

Patents are one of the most effective legal instruments for protecting your intellectual property. Yet, owing to the process’s intricacy and the amount of time required to get a patent, filing for one may be difficult. This is particularly true when it comes to the application, which has highly stringent criteria for both utility and design patents. Knowing the difficulties you confront might help you spend less time and money wrangling with formalities.

Make the Application

The first step in learning how to file for a patent is to ensure that you have included all of the necessary papers in your application, in the sequence provided by the US Patent and Trademark Office (USPTO). A Utility Patent Application Transmittal form/letter, fees, an application data sheet, a specification of the patent being submitted (complete with drawings demonstrating the invention and how it works, if applicable), and an Executed Oath or Declaration are all required for utility patents. You may be necessary to provide extra documentation depending on the nature of the thing you are patenting. A preamble providing information about the applicant, the title of the design, an overview of the nature and intended use of the article for which the design is to be used, a description of the figures included in the design drawing, a claim (you can only make one claim per design application), drawings or other images showing the design, and finally, an Executed Oath or Declaration are included in design patents.

Submit your application and payment for the application fee.

A patent application may be submitted in numerous ways. Electronic submission is typically the most convenient and cost-effective approach, since it also enables you to pay the filing, search, and inspection expenses online. To file via standard mail, you must pay an extra cost. Whichever method you pick, be sure that all costs are paid in advance, or at the very least on the day of filing. Payments received after that date will be subject to a fee. It should be noted that the USPTO charges different costs based on the size of the application. Standard fees apply exclusively to big companies. Small and micro entities pay lower costs, but you should always ensure that you qualify as a tiny organization since there is no particular paperwork to fill out. A minor entity is defined in section 509.02 of the Manual of Patent Examining Procedure. If you qualify as a small entity, investigate whether you may also qualify for micro entity classification, which may result in even cheaper payments.

The application is being processed.

The typical patent is pending for two years, however this might vary depending on the type of your invention. When one of the office’s examiners processes your application, you will get your first Office Action, which is essentially a notification from the patent office outlining any next actions you need to do for your patent application to proceed ahead. You will get a Notice of Allowance and Fee(s) Due if you included all required papers, a clear description of what is being patented, and there are no additional difficulties. You will obtain your patent if you pay these costs within three months after receiving the notification. If your patent application is denied, you must respond within six months with a request for reconsideration, updated claims, and an explanation of why your invention should be patentable. Otherwise, your patent will be declared invalid.

Patents may be incredibly valuable, therefore even though the patent application process might be technical and time-consuming, it is often worthwhile. While you may submit a patent application on your own, it’s a good idea to get legal counsel from an experienced intellectual property attorney who can guide you through the patent application process.