How to Submit a Patent Application

The USPTO allows online submission of patent applications via EFS-Web.

To obtain intellectual property rights to an idea or invention, an inventor applies to the United States Patent and Trademark Office. The USPTO examines all patent applications for completeness, originality and invention usefulness. If the idea or invention meets its guidelines, the USPTO grants a patent to the inventor, guaranteeing intellectual property rights for the life of the patent. Submitting a patent application to the USPTO has become easier as the office now accepts online applications.

Things You'll Need

• Online access

Instructions

1. Obtain a customer number from the USPTO website. Fill out the Customer Number Request form and fax it to the USPTO at 571-273-0177. The customer number associates an individual inventor with specific patent applications and a correspondence address. It also provides secure access to an inventor's patent application documents online. Once processed, the USPTO emails or mails the customer number to the inventor.

2. Obtain a digital certificate from the USPTO. A digital certificate uniquely identifies individual inventors and allows secure access to an inventor's patent application data online. Complete the Certificate Action Form, have it notarized, and mail it to:

   Mail Stop EBC Customer Number
   Commissioner for Patents
   P.O. Box 1450
   Alexandria, VA 22313-1450

   The USPTO does not accept faxed copies of the Certificate Action Form. Once processed and approved, the USPTO sends an authorization code to the inventor via email and a reference number via U.S. mail. These numbers allow online access to the USPTO electronic patent submission system, EFS-Web.

3. Log in to EFS-Web. USPTO's Electronic Filing System, or EFS-Web, allows inventors to compile, upload and submit patent applications online. Using your authorization code and reference number, log in to the EFS-Web system.

4. Upload and convert all documents to .pdf format. Upload the patent application and all supporting documents to the EFS-Web system. The EFS-Web software converts all documents to a .pdf format acceptable to the USPTO.

5. Submit the completed patent application to the USPTO. Include all supporting documents, prior art search results and invention drawings in the patent application. Once uploaded, click "Submit" to send the patent application to the USPTO for examination.

6. Pay the patent processing fees. When submitting the patent application, pay the filing fee, patent search fee and patent examination fee. As of June 2010, examination fees for new patent applications ranged from $70 to $220, patent search fees from $50 to $540 and filing fees from $82 to $330.

Tips & Warnings

• Review each document after scanning or converting to .pdf to verify EFS-Web received legible copies.

• It takes several days to process digital certificate requests. Complete the paperwork early.

• Submit the patent application to the USPTO only after uploading all documents; the USPTO rejects incomplete patent applications.

References

• United States Patent and Trademark Office: Process for Obtaining a Utility Patent
• United States Patent and Trademark Office: About EFS-Web
• United States Patent and Trademark Office: Current Fee Schedule

Resources

• United States Patent and Trademark Office: Getting Started-New Users