Patent Process Overview

• Step 1, Applicant - Has your invention already been patented?
  • Search the Patent Full-Text and Full-Page Image Databases
    • If already patented, end of process
    • If not already patented, continue to Step 2
• Step 2, Applicant - What type of Application are you filing?
  • Design Patent (ornamental characteristics)
  • Plant Patent (new variety of asexually reproduced plant)
  • Utility Patent (most common) (useful process, machine, article of manufacture, composition of matter)
• Step 3, Applicant - Determine Filing Strategy
  • File Globally?
    • Need international protection?
  • File in U.S.? - continue to Step 4
• Step 4, Applicant - Which type of Utility Patent Application to file?
  • Provisional or
  • Nonprovisional
• Step 5, Applicant - Consider expedited examination
  • Prioritized Examination
  • Accelerated Examination Program
  • First Action Interview
  • Patent Prosecution Highway
• Step 6, Applicant - Who Should File?
  • File yourself (Pro Se)
  • Use a Registered Attorney or Agent (Recommended)
• Step 7, Applicant - Prepare for electronic filing
  • Determine Application processing fees
  • Apply for a Customer Number and Digital Certificate
• Step 8, Applicant - Apply for Patent using Electronic Filing System as a Registered e-Filer (Recommended)
  • About EFS Web
• Step 9, USPTO - USPTO examines application
  • Check Application Status
  • Allowed?
    • Yes, go to Step 12
    • No, continue to Step 10
• Step 10, Applicant - Applicant files replies requests for reconsideration, and appeals as necessary
• Step 11, USPTO - If objections and rejection of the examiner are overcome, USPTO sends Notice of Allowance and Fee(s) due
• Step 12, Applicant - Applicant pays the issue fee and the publication fee
  • USPTO Grants Patent
• Step 13, Applicant - Maintenance fees due 3 1/2, 7 1/2, and 11 1/2 years after patent grant
• Download the Utility Patent Application Guide