Filing a patent application on your own

• U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions
• See more information about patents

• 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.

The difference between the "protection of an article via a utility patent" and the "protection of an article via a design patent" is that a utility patent protects the way an article is used and works, while a design patent protects the way an article looks. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.   

• 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.S. dollars and in the form of the following:

1.  Cashier’s or certified check   
2.  Treasury note   
3.  National bank notes   
4.  United States Postal Service money order   
5.  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 USPTO will not accept a general authorization to charge fees to a credit card. If credit card information is provided on a form or document other than the USPTO Credit Card Payment form, the USPTO will not be liable if the credit card number becomes public knowledge.

More information on application fee completeness can be found in section 509 of the MPEP.

The Pro Se Assistance Center provides educational programs to independent inventors and university-affiliated innovators. OID oversees the Pro Se Assistance Program for applicants filing without the help of a registered patent attorney or agent, and offers a one-on-one service for applicants at USPTO headquarters in Alexandria, Virginia. OID also provides videos and presentation slides of past inventor info chats that can assist applicants with patent filing. OID may be contacted at 1-866-767-3848 or ProSeAssistanceCenter@uspto.gov.

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. View the list of participating schools on the Law School Clinic Certification Program page.

• The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients (chemicals) as well as new chemical compounds. Examples may include a pharmaceutical drug or shampoo.
• An example of a machine may include a bicycle, an apparatus, or device.
• The term “manufacture” refers to articles that are made or manufactured. Examples may include a tire or an integrated circuit.

Plant patents can be obtained by an inventor who invents or discovers and   
asexually reproduces any distinct and new variety of plant.   

Design patents can be obtained by an inventor who invents a new, original, ornamental design for an article of manufacture.   

For further details about Patent Subject Matter Eligibility, view section 2106 I of the MPEP.   

A patent cannot be obtained for laws of nature, physical phenomena, and   
abstract ideas. A patent cannot be obtained for a mere idea. A complete description of the actual machine or other subject matter for which a patent is sought is required.    

Literary, dramatic, musical, and artistic works cannot be patented; these may only be copyright protected.   

For up-to-date guidance on patentable subject matter eligibility, view section 2106 I of the MPEP.

• A person of ordinary skill in the art immediately appreciates why the invention is useful, based on the characteristics, properties or applications of a product or process, of the invention, and  
• The utility is specific, substantial, and credible.

For further details about guidelines for compliance with the utility requirement, see section 2107 of the MPEP.

• U.S. patents, and U.S. patent application publications,
• Foreign patents, and
• Printed publications, such as technical journals 

While a search of the prior art before the filing of an application is not required, it is advisable to do so.

• The Public Search Facility – located in Alexandria, Virginia, the facility provides public access to patent and trademark information in a variety of formats. Trained staff are available to assist public users.
• Patent and Trademark Office Resource Centers (PTRCs) – located at libraries throughout the country, PTRCs provide library staff and information experts trained on how to search and how to use search tools to access patent and trademark information. Additionally, PTRCs provide programs and classes on intellectual property.
• Learn from the web-based tutorial, "How to conduct a preliminary search" and the 7-Step U.S. Patent Search Strategy Guide.
• A registered attorney or agent may also provide a search of an invention.

• United State Postal Service (USPS); address and mail patent-related correspondence matters to the Commissioner for Patents:

Commissioner for Patents   
P.O. Box 1450   
Alexandria, Virginia 22313-1450

• Hand delivery to the USPTO in Alexandria, Va.:

USPTO   
Customer Service Window   
Knox Building   
501 Dulany Street   
Alexandria, Virginia 22314

• Patent Center

An additional fee (non-electronic filing fee) will be charged to applications mailed or hand delivered. However, design, plant, and provisional applications are not subject to the additional non-electronic filing fee and may continue to be filed by mail or hand-delivery without additional charge.   

Note: Plant applications and related documents are not permitted to be filed via Patent Center.   

Patent Center is the USPTO’s web-based patent application and document submission solution which allows anyone with a web-enabled computer to file an application and submit documents, in PDF form, without downloading special software or changing document preparation tools and processes. Electronic filing is also the only way to avoid the non-electronic filing fee for utility patent applications. An applicant does not have to be a registered user to file an application, and concurrently pay the application filing fees, with Patent Center; however, an unregistered user will not be able to file follow-on documents/fees in Patent Center, even subsequently on the same day.

For more information please visit About Patent Center.   

The Patent Electronic Business Center is open Monday-Friday from 6:00 a.m. to midnight ET to provide technical assistance regarding the use of Patent Center.

• Patent Prosecution Highway (PPH) Fast Track Examination of Applications speeds up the examination process of corresponding applications filed in participating intellectual property offices where at least one claim has been allowed in the corresponding application. No fee is required.
• Track One prioritized examination expedites the examination process of utility nonprovisional and plant applications (not available for design patent applications) for an additional fee. The goal is to provide a final disposition within 12 months of Track One status grant. The number of requests for Track One prioritized examination is currently limited to 12,000 in a fiscal year. A Track One request form and appropriate fees should be included with application filing.
• Petition to make special based on age will advance the examination of an application. The applicant must be at least 65 years of age to qualify. This petition has no fee.

• The Inventors Assistance Center (IAC) provides patent information and services to the public. The IAC is staffed by former supervisory patent examiners, experienced primary patent examiners, various intellectual property specialists, and attorneys who can answer general questions concerning patent examining policy and procedure. IAC can be reached: Toll-Free: 800-786-9199, Local: 571-272-1000, TTY/TDD: 800-877-8339.
• The Pro Se Assistance Center, provides dedicated personnel for assisting Pro Se applicants. The assistance provided may be done on a one-on-one basis at USPTO headquarters in Alexandria, Virginia, or via telephone or email assistance. The Pro Se Assistance Center can connect applicants with relevant resources and information available either in person or online. The Pro Se Assistance Center can be reached at: Toll-Free: 1-866-767-3848 or ProSeAssistanceCenter@uspto.gov
• OID conducts educational programs for independent inventors and university-affiliated innovators. In addition, it oversees the Pro Se Assistance Program for applicants filing without the help of a patent attorney. OID has past monthly Inventor Info Chat webinars that provide information to assist in filing, understanding the patent prosecution process, and services provided for applicants. OID can be reached by phone at 1-866-767-3848 and email at ProSeAssistanceCenter@uspto.gov.
• Application Assistance Unit (AAU) provides staff trained to assist in a broad range of questions and issues pertaining to pre-examination processing of patent applications by the Office of Patent Application Processing (OPAP) and post-examination processing of patent application by the Office of Data Management (ODM). AAU can assist with questions about status, filing receipts, missing parts letters, pre-examination and post-examination abandonment notices, express abandonments, power of attorney issues, and Oath and Declaration issues. AAU can be reached by telephone: Toll-Free: 888-786-0101, Local: 571-272-4000, or email at HelpAAU@uspto.gov.

• A detailed written description of the invention including drawings. Although a filing date may be obtained regardless of whether drawings are submitted, applicants shall furnish a drawing(s) necessary for the understanding of the subject matter to be patented
• Title of the invention
• Name(s) of all inventors
• Inventor(s) residence(s)
• Name and registration number of attorney or agent and docket number (if applicable)
• Correspondence address
• Indication of any U.S. government agency that has a property interest in the application
• Filing fees, which can be found on the fee schedule page 
• Cover sheet or a cover letter, form PTO/SB/16, pages 1 and 2. A version of SB/16 is available at Patent Center. An Application Data Sheet (ADS) may be used as the provisional application cover sheet

A provisional application filing guide is available. 

• The nonprovisional application includes: 
  1. Specification providing a detailed written description of the invention
  2. Drawing(s) when necessary. Applicants are advised to file with the application any drawings necessary for the understanding of the invention
  3. Claim(s)
  4. Abstract of the disclosure
  5. Title of the invention

For further details, see content of provisional and nonprovisional applications, section 601 I of the MPEP.

• Utility Patent Application Transmittal form or transmittal letter, Form PTO/AIA/15
• Application Data Sheet, form PTO/AIA/14
• Appropriate fees, which can be found at fee schedule. The Fee Transmittal form PTO/SB/17 may be used to calculate the prescribed filing, examination, and search fees, any excess claim fees or application size fee
• Executed Oath or Declaration: either form PTO/AIA/01 or form PTO/AIA/08

A nonprovisional application filing guide is available.    

1. Amendments to delete, replace, or add a paragraph   
   
   The marked-up copy should include an underline of all additions to the specification and a strike through of all deletions from the specification.    
   
   Example: The current invention is directed to a chair having four legs extending at an angle from the bottom of a circular square chair base.    
    
2. Amendments by replacement of a section where the specification contains section headings   
   
   The clean copy is a copy of the “new” specification which incorporates all changes and is presented as the specification should read.    
   
   Example: The current invention is directed to a chair having four legs extending at an angle from the bottom of a square chair base.   
    
3. Amendments by substitute specification   
   
   The statement of no new matter is a statement filed with the substitute specification stating that no new matter has been added. It should be noted that any subject matter added to specification that was not already supported in the originally filed application materials is considered “new matter”.    
   
   Example: The substitute specification contains no new matter. 

• The text of any added subject matter must be shown by underlining the added text 
• The text of any deleted subject matter must be shown by strike-through. However, if a strike-through cannot be easily perceived then the text of any deleted subject matter must be shown by being placed within double brackets
• The status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), (Not entered)
• New claims may be added with the status listing as “New”
• When an entire claim is canceled, the text for that claim should not be presented and the status listing of the claim should be “Canceled” 

• Any changes to an application drawing must be submitted on a replacement sheet of drawings which shall be an attachment to the amendment document and, in the top margin, labeled “Replacement Sheet”
• Any replacement sheet of drawings shall include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is amended
• Any new sheet of drawings containing an additional figure must be labeled in the top margin as “New Sheet”
• All changes to the drawings shall be explained, in detail, in either the drawing amendment or remarks section of the amendment paper

• Email assistance at ProSeAssistanceCenter@uspto.gov
• Telephone assistance at 1-866-767-3848 for the following issues: 
  1. Assistance with pre-filing questions including an explanation of the types of applications and fees.
  2. Assistance with form completion and filing.