The Lazy Person Guide to Patents - Part Two

Part Two - Types of Applications and Filing Online

Now you have done your research, it is time to get your invention submitted. There are a few versions of a patent application that a person can file. They are as follows:

- Provisional

- Utility (also called Non-provisional)

- Design

All of the applications require the same items to be submitted. I will break them down for each section, along with the forms that are required to be filed along with the application. For additional information, you can visit the website at www.uspto.gov/patent/process/index.jsp . Here you will find a flowchart that will show you the various patents and the guide to filing that patent application. All forms are on the web site at www.uspto.gov/forms/index.jsp#patent

Provisional

Cost: $125

This application is the most basic of all applications that you can file. The documents that are required for a successful filing is below:

- Provisional Application Cover Sheet (form SB16)

- Specification (written description of your invention)

- Drawing (no photographs)

- Credit Card Authorization form (form PTO-2038)..PLEASE DO NOT FILE THIS FORM IF YOU ARE GOING TO FILE ONLINE!!!!

A provisional application gives the inventor patent pending status for one (1) calendar year. The office will not perform a search nor publish the application. To continue the patent pending status, the applicant will have to file a utility application.

Utility (Non-Provisional)

Cost: $530 online, $625 paper filing

This is the standard patent application. A patent search will be performed by the USPTO and examined for patent-ability by a examiner. The documents listed below is what you will need to file. The items in blue are what is required to file if you are filing via mail in paper form. Note that the fee is higher to file by paper.

- Utility Patent Application Transmittal (form SB05)

- Specification

- Claim (statement that claims what your invention can do)

- Abstract (150 word summary of the invention)

- Drawing (no photographs)

- Oath and Declaration of Invention (form SB01)

- Fee Transmittal (form SB17)

- Credit Card Authorization form (form PTO-2038)..PLEASE DO NOT FILE THIS FORM IF YOU ARE GOING TO FILE ONLINE!!!!

Design Application

Cost: $265

If you have designed an item, such as a building, then you will need to file a design application. This type of application protects how an item looks.

- Design Patent Application Transmittal (form SB18)

- Specification

- Claim (statement that claims what your invention can do)

- Drawing (no photographs)

- Oath and Declaration of Invention (form SB01)

- Fee Transmittal (form SB17)

- Credit Card Authorization form (form PTO-2038)..PLEASE DO NOT FILE THIS FORM IF YOU ARE GOING TO FILE ONLINE!!!!

Filing Online

You have typed up all of your documents and have saved them to you computer. If you want to file online, extra steps have to be done to your documents to ensure that they will be received properly. If you are not technically savvy, or you are not comfortable in maneuvering around your computer, just mail in your application.

1 - Convert them to PDF!

Don't say that I did not warn you! The online filing system, called EFS-Web, will only accept documents in PDF format. Now most of the forms will be in PDF format already, so you just need to make sure that they stay in that same formatting.

If you do not have Adobe Acrobat installed on your computer, then you can install Cute PDF Writer. This is a free PDF converter that acts like a printer on your computer. You can download the software from www.cutepdf.com. Once the software is installed, open the document, go to File>Print, select either Adobe PDF or CutePDF from the printer list, then click OK. It will prompt you to rename the document. Once you click OK again, it will create a PDF rendering of your document.

2 - File Naming Convention is incorrect.

This is a very common error message. If you receive this error message, then the file name (the file name that you gave the document) has incorrect characters, such as a space separating the words. For example, if you name your file "my invention.pdf", then you will need to change it to my_invention.pdf. Simple, my dear Watson.

3 - Do the Math and Pay your Fees!

Please make sure that you calculate your fees properly. I would rather for you to call in to the Electronic Business Center and ask for help than to screw up on this screen. If you do not calculate your fees properly, the system will "assume" that you do not owe fees and once you submit your documents, you will not be advanced to pay fees online. If this occurs, then you will have to fax in the Credit Card Authorization form via fax before midnight THE SAME DAY as your filing.

Contrary to popular belief, you do not have 24 hours to pay your fees. Regardless of how you file, ALL FEES ARE DUE AT THE TIME OF FILING! Once 12:00:01 hits the next day, you owe a surcharge for not following directions.