How to Get a Patent Form for a Small Entity

If your patent application is approved, the U.S. Government, through the U.S. Patent and Trademark Office, will grant you exclusive property rights to your invention, thereby excluding others from making, using and selling the same invention in the United States. Because the patent application process is complex, many inventors elect to hire a lawyer or agent who specializes in U.S. patents. However, if you do decide to apply on your own, follow these steps to begin your patent application.

Things You'll Need

• Computer Adobe Acrobat Printer

Instructions

1. Know what a small entity is. You will be considered a small entity if you are an individual, small business or nonprofit organization applying for a patent. You will fill out the same forms as other applicants, but your fees will be half the cost. On some forms, there may be a box to check to indicate you are a small entity.

2. Know the different kinds of patents. There are three kinds of patents: utility, design and plant. Utility patents are for inventors who either invent something completely new or who discover a new purpose or improvement for a previous invention. Design patents are for persons who propose new and original designs for something that has yet to be manufactured. Plant patents are for persons who discover or invent a new variety of plant that can asexually reproduce.

3. Download and print the forms online. All forms are in Adobe's PDF format, and the reader software can be downloaded onto your computer for free if you don't already have it. Next, visit the forms page on the United States Patent and Trademark Office (USPTO) website. (See Resources below.) Click the form number to open up the desired forms. Click the printer icon located on the top left of the PDF form, choose the printer you wish to use and click OK.

4. Know what forms to fill out. There are more than 100 patent forms available, and each patent application requires different ones to fill out during the patent process. As you fill out your application and answer specific questions, you will be directed to fill out other forms for your invention. To start however, select and fill out Form PTOL-85B, "Fee Transmittal (Part B) of the Notice of Allowance and Fee(s) Due." For utility and design applications also fill out Form PTO/SB/01, "Declaration for Utility or Design Patent Application," and for plant applications, fill out Form PTO/SM/03 "Plant Patent Application Declaration."

5. Know what to expect during the patent application process. You will be required to fill out many forms, and as a small entity, you can expect to pay more than $1,000 from start to finish and then continue to pay maintenance fees about every four years thereafter. As part of the application, you will be expected to thoroughly explain your invention, design or plant, how it came about and why yours is different from anything similar. You will also be required to submit drawings in several angles with labels explaining each part. This process can take years, depending on any legal issues that may arise during the process.

Tips & Warnings

• You may wish to hire a patent lawyer or agent due to the difficulty of the patent application process. Consider filing your patent application using the Patent and Trademark Offices' EFS-Web System. It is faster, and the system directs you to the correct forms to fill out throughout your application process.

Resources

• Adobe Acrobat
• USPTO PDF Application Forms