How to File a Patent Application

Filing a patent application involves submitting a complete and proper application to your respective patent office. In the United States, this is the U.S. Patent and Trademark Office (USPTO). In this article, we provide a comprehensive guide on how to file a patent application.

Complete and Proper Patent Application

Before filing a patent application, make sure that your application is complete and properly formatted. This means that the application includes the proper forms, a specification (which includes an abstract, description, and claims), and, if applicable, patent drawings. It is also recommended to file the Information Disclosure Statement (IDS) when the application is initially filed.

A USPTO registered patent attorney can help write a patent application that is strategically written, complete, and properly formatted, increasing the likelihood of acceptance by the Patent Office. Learn more about how to write a patent application.

USPTO Filing Process

Once you have a complete and proper patent application with all the relevant forms, you are ready to file your application. The filing process described is applicable for utility, design, and plant patents.

Electronic filing is highly recommended as it offers a user-friendly way to monitor your application. Additionally, the USPTO charges higher fees for application submissions made via postal mail.

The USPTO’s system for electronic filing is called Patent Center. You must make an online account with the USPTO to unlock the full range of features on Patent Center. This process requires you to send a notarized Patent Electronic Verification form and either mail or fax a Customer Number Request form to the USPTO. Once your identity is verified, you'll be granted access to your USPTO account.

Your USPTO Patent Center account allows you to save and keep track of your patent application, submit responses to office actions, and pay fees electronically. You also have the flexibility to log in to your account at any time to check the real-time status of your application. Registration for an online account is available for free on the USPTO Patent Center page.

Through your Patent Center account, you can submit all the relevant forms and documents for your patent application and pay the filing fee. When you submit your application online, you will receive an electronic filing receipt that verifies the day and time the application was filed. Note that the filing receipt you get when you submit your patent application online is not a formal filing receipt.

After Filing

Once your patent application is successfully filed, your invention is officially patent pending. This indicates that your patent application is an open application on file with the Patent Office.

The Patent Office will review your application materials to ensure that it meets the minimum filing requirements. These requirements include the specification, drawings, filing fee, inventor’s oath, and, if applicable, a translation. If your application is deemed complete and proper, the Patent Office will issue an official filing receipt that confirms the submission of your application.

On the other hand, if your application is found to be incomplete or improper, the Patent Office will send you a notice indicating the components that need attention to make the application complete and proper. Read more about what happens after filing a patent application.

International Application Filing

For pursuing patent protection in multiple countries, there are two notable options: the Patent Cooperation Treaty (PCT) application and the Hague application. The PCT application is for utility and plant inventions, while the Hague application is for design patents.

The PCT is a treaty administered by WIPO that enables inventors to pursue patent protection in over 150 countries by submitting a single “international” patent application. PCT applications can be filed through the USPTO’s Patent Center or directly filed to WIPO. We recommend filing PCT applications through your country’s patent office.

The Hague System is also administered by WIPO. It enables inventors to pursue design patent protection in multiple countries through a single application submitted directly to WIPO using their online platform called eHague. The USPTO also accepts international design applications as an office of indirect filing.

How Long Does It Take To Get a Patent After Filing?

Once you submit your patent application to the USPTO and you receive an official filing receipt, the patent application must be prosecuted. In this stage, inventors typically have to wait for a thorough review by a patent examiner. The examiner provides feedback through a written notice, commonly known as an office action. This office action might include rejections, objections, or restrictions.

On average, it takes approximately 16 months from the submission of a patent application for the first office action to be issued. During patent prosecution, inventors and their patent attorneys address any concerns raised by the examiner and work towards obtaining a patent. Read more about patent prosecution.

Recognizing that this time-intensive process can be a barrier to entry for those new to patenting, the USPTO launched a pilot program for first-time filers that expedites the examiner review stage. Read more about the USPTO’s First-Time Filer Expedited Examination Program.

Can I Add New Information to My Application After Filing?

Information that was not included in the written description or drawings of a patent application when it is originally filed is called “new matter.” Essentially, it encompasses all content that supplements the original patent application. Anything introduced to the application after submitting the original patent application filing is typically considered new matter. Read more about new matter in patent applications.

In most instances, the addition of new matter is not permitted in a patent application, even if supported by a supplemental oath or declaration. There are two options to incorporate new matter into a patent application. The first is to write and file an entirely new application. The second option involves filing a continuation-in-part (CIP) application.

Deciding which option is more appropriate depends on the nature of the new matter and the current status of any pending patent application. It is strongly advised to seek guidance from a registered patent attorney when contemplating the addition of new matter to your application. Their expertise can help you make informed decisions that align with the requirements and regulations of the patenting process.

Patent Application Filing Services - Carson Patents

It is important to properly file your patent application the first time to increase the likelihood of approval. At Carson Patents, we offer patent filing services starting at $840. If we write your patent application and represent your invention, filing services are complimentary.

Additionally, we offer a 25% discount on all patent application services (excluding USPTO filing fees) for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount.