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.
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 an experienced Patent Attorney by calling 661-310-7999
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