A step-by-step overview of a patent application and maintenance process.
Provides outreach and education for independent inventors who file patent applications without the assistance of a registered patent attorney or agent.
Located in Alexandria, VA with trained staff to assist the public in person, via email, and by phone with patent and trademark information and historical collections.
The program provides free legal assistance to underresourced inventors interested in securing patent protection for their inventions.
Free legal help provided by law students, who gain experience drafting and filing patents and trademark applications for clients of the law school clinic.
Provides patent information and services to the public. Staffed with experienced examiners who answer general questions about patent examining policy and procedures.
For information on fee payments, including maintenance fees, deposit accounts, and refund requests.The USPTO offers a wide range of resources, services, and training programs that support the full spectrum of customers in both the private and public sectors.
A specialized list of resources for small and medium-sized enterprises (SMEs), independent inventors, and entrepreneurs looking to grow a business and protect intangible business assets like IP.
A hub for startup resources to help you address the intellectual property (IP) challenges specific to startups, including securing funding and guarding against costly infringement litigation.
To protect your invention, you may need a patent, trademark, copyright, trade secret, or some combination of these. Before you begin preparing a patent application, find out if you really need a patent and not some other form of IP protection.
To find out if you can patent your invention, you need to know the answers to a few questions:
Find answers to other questions on our Patent FAQs page.
Normally you cannot get a patent if your invention has already been publicly disclosed prior to filing a patent application for your invention. Therefore, a search of all previous public disclosures should be conducted, including a search of foreign patents and printed publications. A public disclosure of the invention made by, or that originated from, the inventor or a joint inventor more than one year prior to filing a patent application for the invention will also preclude patenting.
We encourage novices to contact the nearest Patent and Trademark Resource Center (PTRC) for help from search experts in setting a search strategy. A registered patent attorney or agent, or a patent search firm is often a useful resource.
It is possible, though challenging, to conduct your own preliminary search. Your search may not be as complete as one made by the USPTO when examining an application. For this reason, the patent examiner may, and often does, reject claims in an application on the basis of prior patents or publications not found in your preliminary search.
These sources provide tips on how to conduct your own search:
Current patents and many filed patent applications (referred to as “pre-grant publications”) may be searched using the Patent Public Search tool. (Please note that filed applications for design patents will not have a pre-grant publication). See our Patent Search page for additional resources.
Once your search has been completed, you may find that your invention may not be identically disclosed in the prior art (i.e. your invention is novel). This does not guarantee patentability. Once assigned, an examiner will conduct their own prior art search as part of the examination process.
This is by far the most common type of application submitted to the USPTO. This may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or a new and useful improvement of any of these.
This may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
These may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
A patent application is subject to the payment of a basic filing fee, a search fee, and an examination fee, which are due when the application is filed. Excess claims fees and/or an application size fee may also be due on filing depending on the number of claims and the total number of pages in the specification and drawings.
Fees vary depending on the type of patent application that you submit and if you qualify for fee discounts.
The payment of these initial fees does not guarantee you will receive a patent. These fees enable the USPTO to examine your application. Discounts are available if you meet the requirements for small entity or micro-entity status.
The Patent Cooperation Treaty (PCT) is an international treaty with more than 150 contracting states. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by first filing a single “international” patent application and then pursuing patent rights in countries of interest under separate national procedures for granting of patents instead of filing several separate national or regional patent applications. The granting of patents based on an international application filing under the PCT remains under the control of the national or regional patent offices in what is called the “national phase.”
Preparing a patent application and engaging in the USPTO proceedings to obtain the patent requires knowledge of patent law and USPTO procedures. It also requires knowledge of the scientific or technical matters involved in the particular invention.
You may prepare and file your own application with the USPTO as a “pro se” applicant. Don’t be intimidated by the Latin term “pro se.” It can be translated to "for oneself, on one's own behalf." Legally, when you, an independent inventor, decide to file your application by yourself, you become what we at the USPTO call a pro se applicant.
When you file as a pro se applicant, you conduct the proceedings with the examiner yourself, but unless you are familiar with these or study them in detail, you may encounter considerable difficulty. While some people not skilled in this area may obtain a patent, there’s no assurance that the patent obtained would adequately protect the invention.
Therefore, most inventors hire registered patent attorneys or agents. They can help you navigate the remaining steps as they act on your behalf. The first step is to contact a registered patent attorney or agent who is accepting new customers. The USPTO cannot aid in the selection or recommendation of an attorney or agent but provides a searchable directory of such individuals you can contact directly. Additional information on attorneys and agents is also available.
Are you an inventor or small business owner with limited resources and needing help applying for a patent? If so, you may be eligible to receive pro bono (free) attorney representation through either the Law School Clinic Program or the Patent Pro Bono Program. Additionally, the USPTO maintains several other legal assistance resources and programs for independent inventors, entrepreneurs, and small businesses.
It is possible, though challenging, to file a patent application on your own. The remaining steps will guide you through the filing process.
Provides outreach and education for independent inventors who file patent applications without the assistance of a registered patent attorney or agent.
Filing and application management incorporated within a single user interface for enhanced user experience.
Assists customers with filing and review of electronic patent application submissions via Patent Center.
Due to the enactment of the America Invents Act in 2012, this page contains forms for patent applications filed on or after September 16, 2012.
Staff are trained to answer questions about the pre- and post-examination processing of patent applications.
Provides patent information and services to the public. Staffed with experienced examiners who answer general questions about patent examining policy and procedures.
This international treaty makes it possible to seek patent protection simultaneously in a large number of countries by filing a single international application.
Contact information for USPTO resources accessible at all stages of the patent process.If you have employed a registered attorney or agent, they can file on your behalf.
If planning on filing your application yourself, see the Patent Application Guides for information on the required parts, form, and content of a patent application (MPEP § 600) for filing the type of patent application you have determined is right for you.
If you are an independent inventor, contact our Pro Se Assistance Program. It offers free assistance if you choose to not hire a patent attorney or patent agent. The Pro Se Assistance home page provides a number of resources for independent inventors throughout the patent process.
The USPTO strongly recommends applicants register for a USPTO.gov account in order to make the most of our systems. Registration allows users of the USPTO’s Electronic Filing System Patent Center the ability to electronically save materials being created for submission and to file follow-on materials online. While it is possible to file a patent application online as an unregistered user without a customer number, you will not benefit from the USPTO tools available online to view and track your submission if you do so. In order to track the progress of your application and respond to USPTO correspondence online, you must become a registered user by obtaining a customer number and verified USPTO.gov account. We highly encourage you to register in order to make the most of our systems.
Your application does not have to be ready to open your verified USPTO.gov account. Start this process as early as possible so that when you are ready, you can file your application as a registered user. Find more information regarding the account creation process at the Patent Electronic Business Center (EBC).
An additional non-electronic filing fee applies to file by postal mail or hand-delivery when filing a non-provisional utility application. The non-electronic filing fee does not apply to design, plant, or provisional applications. Find out more about filing your application this way.
See the Patent Application Guides for the detailed legal requirements for filing the type of patent application you have determined is right for you.
Provisional application
A provisional application is a quick, inexpensive way for you to establish a U.S. filing date for your invention that can be claimed in a later-filed U.S. nonprovisional, PCT, and/or foreign application. Provisional applications will not be examined and never lead to patents by themselves. After filing a provisional application, you will have 12 months from the provisional filing date to file your U.S. nonprovisional, PCT, and/or foreign application. Please note that provisional applications cannot be filed for design inventions.
Nonprovisional application
A nonprovisional application is examined by a patent examiner and may be issued as a patent if all the requirements for patentability are met. To file your nonprovisional application, you must prepare all your documentation. This includes submitting the contents in a standardized format, along with all required forms and fees. Consult this checklist for filing a nonprovisional utility patent application [PDF] for more information regarding the required forms and content.
If filing a nonprovisional application claiming the benefit of the filing date of a provisional application, your nonprovisional must properly refer to the application number of your prior-filed provisional in an Application Data Sheet (ADS) for your claimed invention to be eligible to receive the benefit of the provisional filing date. Here are tips for filling out your Application Data Sheet [PDF].
Submit your initial application with all the required parts for obtaining a filing date and include the correct fee. Here are some elements to consider:
Once your documentation is ready, submit your application online by logging in to Patent Center through your validated USPTO.gov account. Filing online provides a better guided filing experience and avoids additional paper-filing fees. Here are some resources to help you:
As a part of our continuous efforts to modernize and streamline our patent application systems, applicants have the ability to file patent application-related documents in DOCX format through Patent Center. Patent Center registered and unregistered users may file the specification, claims, abstract and drawings in DOCX format. Specification, claims and abstracts not filed in DOCX format will incur a non-DOCX surcharge of up to $400 for this filing type, effective January 17, 2024.
Before you sign your application, carefully review the written specification and claims. You will not be able to add any new information to your application after it is filed.
Once your application has been received by the USPTO, it will then be reviewed for formalities and completeness. If your application contains informalities or is incomplete, you will receive a notice outlining the requirements to complete your application (e.g. Notice to File Missing Parts or Notice of Incomplete Application).
A Notice to File Missing Parts will be sent to you in the event that an essential filing requirement is found to be missing when your application is filed. Some examples of essential filing requirements are: appropriate filing fees, improper entity status, and improper priority claims.
A Notice of Incomplete Application is sent to you when nonprovisional application papers are deemed incomplete. Essential filing papers are the specification, drawings, and claims. The filing date of the application will be the date the corrections are made. More information on application completeness can be found in the Manual of Patent Examining Procedure (MPEP) § 506. You will be given a time period to complete the application filing (a surcharge may be required). Timely response to correspondence from us and keeping your contact information up to date is important so you won’t miss important correspondence. If the omission is not corrected within the specified time period, the application will be abandoned.
If your application becomes abandoned at this stage and you still want to pursue this patent, you may be able to revive your application or request withdrawal of the abandonment by filing a petition (fees, forms and requirements vary). The type of petition needed depends on the circumstances surrounding the abandonment of your application.
If you filed a non-provisional application and no outstanding matters remain on perfecting your application, then your application will be routed to a patent examiner who will determine patentability.
You can check the status of your patent application and review the file history in Patent Center. You can search by application number, patent number, PCT number, publication number or international design registration number.
Consider expedited examination options. The USPTO Patent Application Initiatives Timeline displays various programs to help you during each phase of the patent process. View a detailed list of programs available prior to examination.
Provides outreach and education for independent inventors who file patent applications without the assistance of a registered patent attorney or agent.
Assists customers with filing and review of electronic patent application submissions via Patent Center.
Provides assistance for patent applications that may appear to be stalled in the patent examination process and can assist with getting applications back on track.
If you want us to take certain action in your patent or patent application, you may need to file a petition. Learn all about petitions here, including which type you may need, ways to file them, and how they are decided.
Independent inventors, new practitioners, and others can explore the links below to better understand the Patent Trial and Appeal Board's (PTAB) role during and after the patenting process.
If you choose legal representation, remember that once an application is filed by a patent attorney or agent, the USPTO will only communicate with the attorney or agent. The USPTO does not simultaneously correspond with you and a legal representative (37 CFR 1.33).
The work of examining patent applications is divided among various technology centers (TCs), each overseeing assigned fields of technology. Each TC is headed by group directors and staffed by examiners and support staff. The examiners are assigned to units specializing in the broad and specific subject areas that best cover your invention and review applications and determine whether patents can be granted.
Once your application has been assigned for examination, your examiner will review the contents of your application to determine if it meets all legal requirements for a patent to be granted. The examination consists of a study for compliance with legal requirements (e.g. utility, double patenting, non-statutory double patenting) and a search through U.S. patents, publications of patent applications, foreign patent documents, and available literature. This is to see if the claimed invention is new, useful, and non-obvious, and if the application meets patent statute requirements and rules of practice.
You are notified in writing of the examiner’s decision by an “office action.” This is normally mailed to the attorney or agent of record, or to you directly if not represented by an attorney or agent. There are a number of legal requirements that must be met, including novelty (35 U.S.C. 102), utility and eligibility (35 U.S.C 101), non-obviousness (35 U.S.C. 103), and written description (35 U.S.C. 112), etc. If the examiner determines the application does not meet all of the requirements, the reasons for the determination will be explained in this written office action.
You must request reconsideration in writing, distinctly and specifically pointing out the supposed errors in the office action, and replying to every ground of objection and rejection. The reply must appear throughout to be a bona fide attempt to advance the case to final action or allowance. The mere allegation that the examiner has erred is not a proper reason for reconsideration. You are able to amend your disclosure and/or argue against the examiner's decision at no cost (as long as the response is received within the time period noted in the action). In amending an application in reply to a rejection, you must clearly point out why you think the amended claims are patentable in view of the state of the art disclosed by the prior references cited or the rejections and objections made. You must also show how the claims as amended avoid such references, or rejections and objections.
Be careful to not delay your reply to office action, as this may result in additional fees if filed after the reply period expires or abandonment of your application if you fail to respond to the examiner's office action within the required time. Fees paid are rarely refundable. The reply period is noted in the action. The "shortened statutory" reply period is the time limit to reply without having to pay extension fees.
Consider an “interview” with your examiner — We encourage our examiners to be proactive in engaging applicants in resolving issues and shortening prosecution. When you receive a non-final (or any other) office action, you may contact your examiner to schedule a meeting or phone call (what the USPTO refers to as an “interview”). The examiner’s contact information and work schedule can be found at the end of every office action.
After you respond to the first office action, your examiner will review your response, and if the examiner still does not think your application meets the legal requirements for a patent, the examiner will explain the reason(s) in a written second office action. This second action may be indicated as “final”. You will still be able to amend or argue against the examiner's decision within time periods noted in the final action, but with more restrictions than when responding to a first office action.
After an office action is indicated as final, you still have multiple options, the most common of which are as follows:
A detailed matrix of programs available to assist you during examination and after final rejection (close of prosecution) is available. Each program is designed to advance the progress of a patent application and to provide applicant assistance.
Note that unless the examiner reopens prosecution, applicant successfully removes all grounds of rejection, otherwise places the application in condition for allowance, or applicant otherwise stops the running of the statutory period for response, the application will go abandoned as a matter of law after six months from the mailing of the final rejection. See MPEP § 711.
