Patent Steps Menu
The fourth step to patenting an invention is patent application filing. Patent application filing involves submitting a complete and properly formatted patent application to the Patent Office.
A complete and properly formatted patent application includes the proper forms, a specification (including an abstract, description, and claims), and drawings (if needed). You should also file an Information Disclosure Statement (IDS), preferably when the application is initially filed. Read more about the components of a patent application in our how to write a patent application article. Once your application is filed, your invention is patent pending. Read more about what patent pending means.
Our USPTO registered patent attorney can help file an application to seek patent protection for your invention. For inventions we represent, patent filing is included as part of our patent writing service at no additional cost. Schedule a free patent consultation to get started.
Inventor Tip: Proper searching is essential for good patent specification writing. This is because proper searching leads to finding existing similar claims, which guides good claim writing. Further, well written claims improve the protection the patent provides.
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Application Filing Details
For utility, plant, and design patents, the fourth step to patenting is patent application filing. This involves submitting a complete and properly formatted patent application to the Patent Office and paying the filing fee. Read about who can apply for a patent in our patent applicant article.
In addition to the proper forms, a complete and properly formatted patent application includes a specification (including an abstract, description, and claims) and drawings. Filing a patent application for an invention is conducted either online (electronically) or via postal mail.
Carson Patents recommends online patent application filing. The U.S. Patent and Trademark Office (UPSTO) charges higher filing fees for postal mail filing to cover the costs of scanning the documents for electronic access. Electronic filing is also strongly recommended for filing international patent applications to the World Intellectual Property Office (WIPO) using their specialized online service.
How to File a Patent – Electronic Filing
Step four of patenting is filing a patent application. Filing an application for a U.S. design, utility, or plant patent online is the preferred approach. In other words, online patent filing is the best and recommended way to submit a patent application.
The USPTO uses Patent Center for electronic patent filing. To access all features of Patent Center and ensure that the filing process runs smoothly, you must make an online account with the USPTO. This involves mailing a notarized Patent Electronic Verification form as well as mailing or faxing a Customer Number Request form to the USPTO. Once verified, you will gain access to your USPTO account. This account allows you to save and keep track of your patent application, submit replies, and pay fees electronically. You can also log in to your account anytime to check the status of your application. Registration for an online account is available for free on the USPTO Patent Center page.
For international patent applications, there is the Patent Cooperation Treaty (PCT) application for utility and plant inventions and the Hague application for design inventions. The PCT is a treaty administered by WIPO that allows an inventor to seek patent protection in 150+ countries by filing one “international” patent application. PCT applications can be directly filed to WIPO or filed through the USPTO electronically through Patent Center. We recommend submitting international patent applications through the patent office located in your country.
The Hague System is also administered by WIPO. It allows an inventor to seek patent protection for a design in multiple countries by filing one application directly to WIPO using an online platform called eHague. The USPTO also accepts international design applications as an office of indirect filing.
How to File a Patent – Postal Mail Filing
Patent application filing can also be completed by postal mail. To file a patent application by mail, send the specification, drawings, all forms, and filing fee payment to the USPTO. Mail processing for both U.S. and international patent applications is available. The USPTO strongly recommends electronic filing. To encourage electronic filing, the USPTO has lower patent application filing fees for electronic filing than filing by mail.
After Filing
After successfully filing a patent application, your invention is patent pending. Filing an application online generates an electronic filing receipt that verifies the day and time the application was filed. However, note that the filing receipt you get upon submitting your patent application online is not a formal filing receipt.
The Patent Office will review the submitted materials to check if the application satisfies the minimum patent application filing requirements (such as the specification, drawings, filing fee, inventor’s oath, and a translation if applicable). If the application is complete and proper, the Patent Office will send an official filing receipt. If the application is incomplete or improper, however, the Patent Office will send a notice of missing parts or a notice of incomplete application. Read more about what happens after filing a patent application.
Carson Patents recommends filing a patent application online to easily keep track of your application and correspondences with the Patent Office.
What is New Matter?
New matter is content that is not found in either the originally submitted written description or drawings of a patent application. In other words, it is content that adds to the originally submitted patent application. Generally speaking, anything added to the documents submitted in the original patent application filing is likely new matter. For more information, check out our article on new matter in patent applications.
Inventor Tip: In most cases, new matter cannot be added to a patent application even if supported by a supplemental oath or declaration.
To add new matter to a patent application, there are two options. The first option is to write and file a new application. The second option is to file a continuation-in-part application. Determining which option is the best choice depends on the new matter and the current state of any pending patent application. We recommend consulting with a registered patent attorney when considering adding new matter to your application.
Patent Filing Help Available Online
To patent your invention, it is essential to file your patent application correctly the first time. We offer patent help for patent application filing starting at $840. To learn more about our services, click below to book a free patent consultation.
We offer a 25% discount on patent application services (excluding USPTO filing fees) for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount. Additionally, we accept equity interests and contingency fee arrangements for providing patent application services on a case by case basis. Learn more about equity and contingency fees.
Patent applications can take several years to complete, but there are several ways to speed up the prosecution process. Read more about getting your patent application finished faster in our article on accelerating patent applications. Notably, if you are filing a patent application for the first time, you may qualify for the USPTO’s First-Time Filer Expedited Examination Program.
Patent Confidentiality: Invention disclosures to patent practitioners are covered by client controlled privilege.
Inventor Tip: When looking for expert patenting help, keep in mind that only a USPTO licensed patent attorney or patent agent can prosecute patents for you.