How to Apply for Patent Rights

The USPTO handles patent applications from individuals and corporations.

To apply for patent rights, corporate and individual inventors must submit a patent application to the United States Patent and Trademark Office (USPTO). In 2009, the USPTO received 83 percent of all applications electronically, but you can also apply by mail. After applying for patent rights and intellectual property protection through the USPTO, inventors must wait for a patent examiner to review their application. Upon review, the examiner will decide to grant a patent, decline the application or request additional information.

Things You'll Need

• Internet

Instructions

1. Complete the Customer Number Request form at the USPTO website. Upon receiving this form, the USPTO assigns a customer number to an inventor. The customer number associates all patent application documents with a specific inventor and correspondence address. Additionally, the customer number allows for online access to the USPTO online patent submission system, EFS-Web.

2. Decide whether you'll file a patent application electronically through EFS-Web or via U.S. mail. Applying electronically ensures that no documentation will be lost in transit. The USPTO online submission system also formats uploaded documents to meet the agency's guidelines.

3. Complete the patent application. If applying via mail, send the application, all supporting documents and drawings to the address below. Also include a self-addressed stamped envelope in your patent application package. The USPTO will send a receipt for documents only if the inventor provides a self-addressed stamped envelope.

   Commissioner for Patents
   P.O. Box 1450
   Alexandria, VA 22313-1450

4. Apply for a digital certificate, if applying electronically. The digital certificate provides inventors secure access to the USPTO online patent application system, EFS-Web. Complete the Certificate Action Form from the USPTO website, have it notarized, and mail it to the address below.

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

5. Complete your electronic patent application and upload it to the USPTO via EFS-Web. The USPTO only examines complete patent applications, so make sure to include all supporting documents and figures

6. Calculate and pay all application fees. Upon filing, the USPTO requires inventors pay the patent filing fee, the patent examination fee and a patent search fee. The USPTO will not examine patent applications until the inventor pays the appropriate fees.

Tips & Warnings

• Submitting a patent application online allows inventors to edit and review the application before final submission.

References

• The USPTO: Who We Are
• United States Patent and Trademark Office: Getting Started-New Users
• United States Patent and Trademark Office: Non-Provisional (Utility) Patent Application, A Guide to Filing

Resources

• United States Patent and Trademark Office: Request for Customer Number
• United States Patent and Trademark Office: Certificate Action Form
• United States Patent and Trademark Office: Current Fee Schedule