Patent Step 4: Application Filing
Patent Step 4: Patent Application Filing: The fourth step to patenting is patent application filing. Application filing is the submitting of a complete and properly formatted patent application to the patent office. In addition to the proper forms, a complete and properly formatted patent application includes a specification (description, claims, and abstract) and drawings (if needed). You should also file an Information Disclosure Statement (IDS), preferably at the time of initial filing. Once filed (you’ll get a filing receipt), your invention is patent pending.
Carson Patents can help file for patent protection for your invention. Also, the patent filing service is included in our patent writing costs for inventions we represent. Contact us to start the 5 steps to patent your invention or idea.
How to File a Patent
For design, plant, and utility patents, the fourth step to patenting is application filing. In other words, filing a patent for an invention is to get it patent pending. Patent application filing is the submitting of a complete and properly formatted patent application to the patent office. In addition to the proper forms, a complete and properly formatted patent application includes two important documents: firstly, a specification and secondly, the drawings. Filing an invention’s patent application is conducted either online (electronically) or via postal mail.
Patent Filing Online or by Mail
Patent filing is conducted two ways: firstly, electronically (online); and, secondly, via postal mail. Filing either U.S. and/or International (PCT, and Hague) patent applications can both be conducted electronically or by mail by postal mail.
Patenting step four filing. Filing a U.S. design or utility patent application online is the preferred method. In other words, patent filing online is the best way to submit a patent application.
Patent Center controls electronic patent filing at the USPTO. Filing an application in Patent Center requires an online account. The account will also permit tracking of the application. The online account is available for free on the USPTO Patent Center page.
The International applications are the PCT for utility patenting, and the Hague for design patenting (registering). The USPTO accepts the International applications electronically through Patent Center. In addition, the World Intellectual Property Office (WIPO) accepts the PCT and Hague applications directly. WIPO has a single online entry point for intellectual property (IP) applications. WIPO accepts both PCT and Hague applications filed directly.
Postal Mail Filing
Patenting step four filing. Then, to file by mail, simply mail in the specification, drawings, all the forms, and payment of the filing fee to the USPTO. Mail processing for both U.S. and International patent applications is available. The USPTO recommends and encourages electronic filing. Consequently, the USPTO has lower patent application filing fees for electronic filing. In other words, paper filing by mail has higher patent application filing fees.
Once filed, your invention is patent pending. Filing online generates an electronic filing receipt. In addition, the patent office will review the submission to ensure all of the required parts are present and in acceptable format. If the application is complete and proper, the patent office will send a filing receipt. However, if the application is incomplete or improper, the patent office will send a notice of missing parts or a notice of incomplete application.
Patent Application Filing Important TIP: Good searching is essential to proper application writing. Specifically, searching guides good claim writing by finding existing similar claims. Further, well written claims improve the protection the patent provides.
What is New Matter?
New Matter is content not found in either the originally submitted written description or drawings of a patent application. It is new content involving a departure from or an addition to the original disclosure. It is trying to add stuff to a patent application. New matter cannot be added to a patent application even if supported by a supplemental oath or declaration. You can only show or claim new matter in a separate application.
To add new matter to a patent application there are two options. First, we can write and file a new application. And, second, we can file a continuation in part application. Which option is the best choice depends on the new matter, and the current state of any pending patent application. Contact us for help adding new matter to your invention’s patent application.
Patent FILING Help Available Online
Patent help for filing patent application services, starting at – $800.