Utility Patent Application

A Guide to Filing A Non-Provisional (Utility) Patent Application

The United States Patent and Trademark Office (USPTO or Office) is the government agency responsible for examining patent applications and issuing patents. A patent is a type of property right. It gives the patent holder the right, for a limited time, to exclude others from making, using, offering to sell, selling, or importing into the United States the subject matter that is within the scope of protection granted by the patent. The USPTO determines whether a patent should be granted in a particular case. However, it is up to the patent holder to enforce his or her own rights if the USPTO does grant a patent.

The purpose of this guide is to provide you with basic information about filing a utility patent application. A patent application is a complex legal document, best prepared by one trained to prepare such documents. Thus, after reviewing this guide, you may wish to consult with a registered patent attorney or agent. Additional information is available:

    * by calling the USPTO's General Information Services Division at 800-PTO-9199 or 703-308-4357,
    * from the USPTO's Web site at www.uspto.gov, and
    * at your nearest Patent and Trademark Depository Library (PTDL). You will find information on PTDLs at the end of this guide.

There are various types of patents -- utility, design, and plant. There are also two types of utility and plant patent applications -- provisional and nonprovisional. Each year the USPTO receives approximately 350,000 patent applications. Most of these are for nonprovisional utility patents.

This guide contains information to assist you in filing your nonprovisional utility patent application. It discusses the required parts of the utility patent application and identifies some of the forms you may use (which are available on the USPTO's Web site www.uspto.gov). This information is generally derived from patent laws and regulations, found at Title 35 of the United States Code (U.S.C.), and Title 37 of the Code of Federal Regulations (CFR). These materials, as well as the Manual of Patent Examining Procedure , are available at the USPTO's Web site ( www.uspto.gov ), PTDLs, and at most law libraries.

If you have questions about:

    * other types of patent applications,
    * locating a patent attorney or agent,
    * obtaining the most up-to-date Fee Schedule, or
    * obtaining copies of other USPTO publications,

please contact General Information Services Division, the USPTO’s Web site, or a PTDL.

Informationa Source: USPTO.GOV
For more information go to www.uspto.gov