How to file a patent with the us patent office




















With representatives from industry, academia, non-profit, and government, CI 2 will assist the USPTO in developing a comprehensive national strategy to build a more diverse and inclusive innovation ecosystem. For other assistance, please see our contact us page. Artificial intelligence. USPTO in your region. Expanding innovation. Latest news Public events Remarks. A filing date will be accorded to a provisional application only when it contains a written description of the invention, complying with all requirements of 35 U.

Although the application will be accorded a filing date regardless of whether any drawings are submitted, applicants are advised to file with the application any drawings necessary for the understanding of the invention, complying with 35 U.

A drawing necessary to understand the invention cannot be introduced into an application after the filing date because of the prohibition against new matter. Further, 37 CFR 1. To be complete, a provisional application must also include the filing fee as set forth in 37 CFR 1. Note: The information in this brochure is general in nature and is not meant to substitute for advice provided by a patent practitioner. Applicants unfamiliar with the requirements of U. Fees are subject to change annually.

See current fees 37 CFR 1. Payment by check or money order must be made payable to "Director of the U. Patent and Trademark Office. The provisional application papers written description and drawings , filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail.

EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet. Applicants prepare documents in Portable Document Format PDF , attach the documents, validate that the PDF documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing.

A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law. Applicants must file a nonprovisional application claiming benefit of the earlier provisional application filing date in the USPTO before the provisional application pendency period expires in order to preserve any benefit from the provisional application filing unless the benefit of the provisional application has been restored under 37 CFR 1.

Beware that an applicant who publicly discloses his or her invention e. Such an applicant may also lose the right to ever patent the invention. See 35 U. Well, unless you're a patent troll. In that case, you make a career of buying patents and threatening inventors and companies with lawsuits.

That's a whole article unto itself, so I'll just let John Oliver explain patent trolls in the way only he can with clips from Shark Tank :. Even if you work with a patent attorney, this is your baby, and you should get as familiar with the process as possible. Before you invest another dollar or minute of your time, use this search engine to make sure your idea hasn't already been patented.

Find a patent attorney. The application process can be made much simpler with the assistance of an experienced attorney, who can also help you avoid mistakes that could prove costly later on. Stephen Key has a great resource here on what to look for in a patent attorney. Determine what type of patent you need. Do you need a Utility, Design, or Plant patent? By using this service, users can see the patent family for a specific application, containing all related applications filed at participating IP Offices, along with the dossier, classification, and citation data for these applications.

This service also provides Office Action Indicators to help users identify applications that contain office actions, a Collections View for saving documents and applications for review later on in the session, and the ability to download the documents in an application.

Visit PAIR. Trained staff are available to assist public users. The Electronic Official Gazette allows users to browse through the issued patents for the current week. The Official Gazette can be browsed by classification or type of patent, for example, utility, design, and plant. Visit Official Gazette.



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