Patents

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO).

To get a U.S. patent, an application must be filed with the USPTO. Because registering a patent is a very complex legal process, the USPTO recommends that you first seek legal counsel from a licensed attorney who specializes in patent law. The USPTO maintains a directory of registered patent attorneys and agents. Although you may file the application yourself, it is also recommended that you first familiarize yourself with USPTO regulations (.PDF document).

There are basically three types of patents. Inventors may apply for one of two types of patent applications:

1.  A non-provisional application, which begins the examination process and may lead to a patent.
2.  A provisional application, which establishes a filing date but does not begin the examination process.

Both types of patent applications can be filed either by using the USPTO Electronic Filing System (EFS), or in writing to the Commissioner for Patents. Applications received in the USPTO are numbered in sequential order and the applicant will be informed within eight weeks of the application number and official filing date if filed in paper. If filed electronically using the EFS, the application number is available within minutes. For more information, please visit the frequently asked questions about the EFS.

The USPTO Public Search Facility located in Alexandria, VA, provides public access to patent information in a variety of formats including on-line, microfilm, and print. Trained staff are available to assist public users. For people who cannot visit the Public Search Facility, there is nation-wide network of Patent and Trademark Depository Libraries (PTDLs) that offer access to patent reference materials and search tools.

For patent form information, you may visit the USPTO forms or the forms frequently asked questions web pages.

To view the current schedule of fees, please visit the USPTO fee web page or answers to frequently asked questions about fees.

The Patent Application Information Retrieval (PAIR) system displays information about patent application status. There is both a public and private side to PAIR. You may wish to view the frequently asked questions about PAIR. Currently, the average patent application is processed within 24.6 months.

For information about the official filing receipt for a patent application, please call the USPTO Application Assistance Unit at 1-571-272-4000. If you have any further questions about patents, please contact the USPTO.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term that begins with the date of the grant and usually ends 20 years from the date you first applied for the patent (subject to the payment of appropriate maintenance fees). Design patents last 14 years from the date you are granted the patent.

The USPTO issues only one original grant copy of a patent to the inventor. However, you may obtain a certified (blue ribbon and seal copy) by contacting the Certification Division at 1-800-972-6382 or 1-571-272-3150. On petition, the USPTO will create a replacement patent grant. Applicant must file a petition under 37 CFR 1.182, with a request for a replacement patent grant and a statement that the original patent grant was lost or stolen.

Please note: To view and print .PDF documents, you must use the Adobe Reader software, which is available for download without charge.