On the next page you want to make sure all your information is correct. Make sure all three of your pdf files are listed and click on each one to review it one last time before you file. If everything looks okay, you will hit the "Submit" button. Step Don't forget to pay! You must pay the filing fee before your provisoinal patent will be considered a valid filing.
I suggest you pay online with your credit card. Once you pay, make sure you print out a few copies of your electronic receipt. In about weeks you will get an official filing receipt from the Patent Office. The official receipt will have your applicaiton number and filing date.
Toll free phone number: Box Alexandria, Virginia One-on-one assistance by appointment : One-on-one assistance is available via video conference WebEx or telephone. Pro se personnel are available to meet with applicants to answer patent-related questions and assist in filing their applications.
Inventors may take advantage of one-on-one assistance by contacting the OID to schedule an appointment; use the below information to phone, email, or click the appointment button below: For an appointment: Please call or email innovationdevelopment uspto.
Schedule an appointment. Hours: a. Note: The Pro Se Assistance Program will not be accepting appointments during federal holidays, including the day after Thanksgiving and the day after Christmas, nor during mandatory building closures due to inclement weather. Additional contact information: Other assistance centers and web pages, such as Office of Petitions , Electronic Business Center and PCT applications are available to applicants and can be found at contacts for application questions.
For other assistance, please see our contact us page. Filing a patent application on your own. Pro Se Assistance Program The patent process is a complex set of laws, regulations, policies and procedures ; therefore, the USPTO always recommends using a registered patent attorney or agent to assist in preparing your application. Why is educating yourself about intellectual property protection important?
Patent process training To assist applicants at all stages of the patent examination process the Office of Innovation Development OID also provides ongoing education:. Intellectual Property introduction , specifically understanding the various types of Patents and an overview of the patent prosecution process Basics of prior art searching , provides an overview for the need to conduct a prior art search, Identify pertinent prior art and examples of publically available prior art databases Provisional application overview and the requirements for filing a provisional application Nonprovisional application overview and the requirements for filing a nonprovisional application Overview to filing applications electronically to the USPTO EFS-Web and further view documents in your application file PAIR.
General information What is a patent? Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States. There are three types of patent applications that can be filed: Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
For further details, please see the Utility Patent Application Guide. Design patent application: may be filed by anyone who invents a new, original, and ornamental design for an article of manufacture. For further details please see the Design Patent Application Guide. Plant patent application: may be filed by anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. For further details, please see the Plant Patent Application Guide. There are various fees associated with filing a patent application.
A patent application is subject to the payment of a basic filing fee and additional fees that include a search fee, an examination fee, and issue fee. The fees vary with the type, content, and size of the application being filed and the entity status of the applicant. See fees for filing a patent application. There is a basic filing fee associated with the type of application utility, design, or plant being filed.
A reduction in fees may be obtained based on the applicant's entity status small entity or micro entity. An applicant may determine their entity status based on meeting certain requirements. All fee payments, including fees for the processing of international applications, shall be made in U. Credit card Payment by credit card must specify the amount to be charged to the credit card and other information necessary to process the charge. The Office of Enrollment and Discipline oversees two programs that provide applicants with free options for acquiring intellectual property protection: The Patent Pro Bono Program is a nationwide network of independently operated academic and nonprofit organizations that endeavor to match volunteer patent practitioners with financially under-resourced inventors seeking patent protection.
Inventors and small businesses that meet qualifying criteria, including certain economic and financial thresholds, may be eligible for free income-based legal assistance in preparing and filing a patent application. Each program organization administers locally and has their own requirements. The Law School Clinic Certification Program allows applicants to obtain pro bono legal assistance in both patent and trademark matters from law students enrolled in a participating law school's clinic program.
Each student is allowed to practice intellectual property law before the USPTO under the strict guidance of a law school faculty clinic supervisor. Each school has its own criteria for accepting clients. Utility patents can be obtained for any new, useful, and non-obvious process. These processes are defined by "actions. A utility patent may also be obtained for machine, manufacture, or composition of matter, or any new and useful improvement thereof.
Examples may include a pharmaceutical drug or shampoo. An example of a machine may include a bicycle, an apparatus, or device. Examples may include a tire or an integrated circuit. New novelty means that the claimed invention must be new: the claimed invention is not identically disclosed as set forth in 35 U.
Non-obvious means that the claimed invention is not identically disclosed as set forth in section 35 U. Best of all, it doesn't need to be completed by a professional, although you can certainly hire a patent lawyer to do it for you. The provisional patent application is not a legally binding document.
There are no formal requirements for filling one out. You don't have to worry about completing the document. However, be detailed enough to protect all aspects of your invention. This is why hiring a patent lawyer to submit the provisional patent application is often recommended.
While you can do it yourself, the research alone can become overwhelming and take up a lot of your time. You will need to include these along with a self-addressed return postcard. The items that you are filing should be listed on the postcard. They will stamp the card and return it to you to document that it has been received. You can complete the process on your own as an unregistered filer.
Often, due to the specifics that the USPTO requires the files to be created, you may be met with some difficulty. You always have the option of hiring a professional to file the application for you as a registered filer. In most cases, it's not essential to file a provisional patent application. If you don't expect any competition to patent your unique idea, you can get by without it.
If have shared your invention with others, they could steal the idea. A provisional patent application protects you for one year, during which you should prepare your full patent application. You will need to get professional patent illustrations, hire legal counsel, and do extra research. During this time, you also need to get the money together to cover the patent costs. There are some concerns about filing a provisional patent application. One of the biggest problems is clearly describing the invention until filing the non-provisional application.
As such, your idea may not be protected. Further, 37 CFR 1. To be complete, a provisional application must also include the filing fee as set forth in 37 CFR 1. Note: The information in this brochure is general in nature and is not meant to substitute for advice provided by a patent practitioner. Applicants unfamiliar with the requirements of U. Fees are subject to change annually. See current fees 37 CFR 1. Payment by check or money order must be made payable to "Director of the U.
Patent and Trademark Office. The provisional application papers written description and drawings , filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail. EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet.
Applicants prepare documents in Portable Document Format PDF , attach the documents, validate that the PDF documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing.
A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law. Applicants must file a nonprovisional application claiming benefit of the earlier provisional application filing date in the USPTO before the provisional application pendency period expires in order to preserve any benefit from the provisional application filing unless the benefit of the provisional application has been restored under 37 CFR 1.
Beware that an applicant who publicly discloses his or her invention e. Such an applicant may also lose the right to ever patent the invention. See 35 U. Independent inventors should fully understand that a provisional application will not mature into a granted patent without further submissions by the inventor. Some invention promotion firms misuse the provisional application process leaving the inventor with no patent.
Direct questions regarding regulations or procedures to the Office of the Deputy Commissioner for Patent Examination Policy.
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