How to Register a Patent Online
The U.S. Patent and Trademark Office (USPTO) allows applicants to apply for a patent online. The USPTO prefers this method because it improves accuracy and accelerates the application process. The online system, the EFS-Web, uses Form-Fillable PDFs and other documents in PDF format. Form-Fillable PDFs allow the applicant to fill out the form and save the data. When the applicant submits the Form-Fillable PDFs, the USPTO system automatically extracts the information into its databases.
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Instructions
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Fill out the appropriate PDF forms. Forms are available at the USPTO website (see links in the Resource section below).
A nonprovisional application for a utility patent must include the following forms and/or elements: Utility Patent Application Transmittal Form or Transmittal Letter; Fee Transmittal Form and Appropriate Fees; Application Data Sheet; a Specification with at least one claim and the title of the invention; a brief summary of the invention; and a detailed description of the invention. If applicable, the application should also include drawings that provide a detailed illustration of how the invention works. Depending on the application, the inclusion of other forms may be necessary.
A provisional application for a utility patent must include the filing fee and a cover form that includes the following information: name or names of the inventors; residence of the inventor; title of the invention; name and registration number of the attorney or agent and docket number; address to send correspondence; and the name of the U.S. government agency that has a property interest in the application. The application must also include a written description of the invention and drawings (if necessary).
An application for a plant patent must include the following forms and/or elements: Specification, which includes a summary of the invention; Oath or Declaration; a single Claim; and Drawings.
An application for a design patent must include the following forms and/or elements: a Preamble; Cross-reference to related applications; a description of the drawing; a single Claim; Drawings; and an Oath or Declaration.
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Make sure the specification and the claim provide the appropriate information.The specification must provide a detailed description of the invention in clear and concise terms. It should enable a person skilled in the field of the invention to make and use the invention without the need to engage in a great deal of experimentation. A claim is a sentence in the application that uses precise and exact language to define the invention.
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Save and print the forms. Only Form-Fillable PDFs have saving capability.
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File online using the USPTO's EFS-Web.
Any applicant who has access to the Web can file for a patent online. An applicant can complete the process within minutes. The system uses screen prompts to guide the applicant through the process. If the forms are not already in PDF format, you must convert them. The EFS-Web also accepts files in additional formats, including PCT-EASY.ZIP files and ASCII text files for the submission of other documentation. An online applicant will receive an electronic receipt as acknowledgement of the patent application.
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Tips & Warnings
Form-Fillable PDFs can be saved, modified, printed and imported or exported in XML format.
Form-Fillable PDFs are portable, so it is easy to circulate the forms to others prior to submission.
Regular PDF forms do not extract the information automatically into the USPTO databases.
The USPTO provides a variety of Form-Fillable PDFs, including the Information Disclosure Statement, Application Data Sheet, Provisional Application for Patent Cover Sheet and Petition to Make Special Under Accelerated Examination Program.
