PATENT BASICS
Process Overview · IP Identifier · Forms · Filing Status · Fee Savings · 2025 Fee Schedule
PATENT PROCESS OVERVIEW — 8 STEPS
Determine Patentability
Conduct a prior art search. Review existing patents, publications, and products to determine if your invention is novel and non-obvious.
Determine Patent Type
Utility (processes, machines, compositions — 20 yr), Design (ornamental appearance — 15 yr), or Plant (new plant varieties — 20 yr).
File Provisional Application
Optional but recommended. Establishes an early priority filing date for $300 (large entity). Provides "patent pending" status for 12 months.
File Non-Provisional Application
Formal application examined by USPTO. Must be filed within 12 months of provisional. Includes claims, drawings, and oath/declaration.
USPTO Examination
A patent examiner reviews the application, conducts a prior art search, and issues an Office Action (allowance or rejection).
Respond to Office Actions
If rejected, file a response with arguments and/or amendments within the set deadline (typically 3 months, extendable to 6 months).
Patent Grant
If allowed, pay the issue fee. The patent publishes and grants exclusive rights for 20 years from filing date (utility) or 15 years (design).
Pay Maintenance Fees
Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years to remain in force. Design and plant patents do not require maintenance.
IP IDENTIFIER — WHAT TYPE OF IP DO YOU HAVE?
Utility Patent
Protects how something works — processes, machines, manufactures, compositions of matter. 20-year term.
Design Patent
Protects how something looks — ornamental appearance of a functional item. 15-year term, no maintenance fees.
Plant Patent
Protects new plant varieties invented or discovered and asexually reproduced. 20-year term.
Trademark
Protects brand identity — words, logos, slogans that identify the source of goods or services. Renewable indefinitely.
Copyright
Protects original creative works — literature, music, art, software. Automatic upon creation. Life + 70 years.
Trade Secret
Protects confidential business information — formulas, processes, methods. Protected as long as kept secret.
PATENT FORMS REFERENCE
| Form | Name | Fee | Purpose |
|---|---|---|---|
| SB16 | Provisional Application for Patent | $300 | Establishes priority filing date. Simplified — no claims required. Valid for 12 months. |
| SB08 | Non-Provisional Utility Application | $320+ | Formal application examined by USPTO. Requires claims, drawings, oath/declaration. |
| SB14 | Design Patent Application | $1,020 | Protects ornamental design. No maintenance fees. 15-year term from grant. |
| SB15 | Plant Patent Application | $2,020 | Protects new asexually reproduced plant varieties. 20-year term. |
| SB04 | PCT International Application | $1,435 | Seek patent protection in 150+ countries through a single international filing. |
| SB06 | Continuation Application | $320 | File additional claims on the same invention as a pending application. |
| SB14 | Assignment of Patent Rights | $40 | Transfer ownership of a patent or application. Record with USPTO Assignment Division. |
| SB29 | Petition to Make Special | $140 | Request expedited examination. Available for inventors over 65, health conditions, or green technology. |
CHECK FILING STATUS — HOW TO TRACK YOUR APPLICATION
Patent Center
Log into Patent Center (patentscope.uspto.gov) with your USPTO.gov account. Search by application number, patent number, or attorney docket number.
Private PAIR
Private Patent Application Information Retrieval provides real-time status for registered users. Requires digital certificate or USPTO.gov authentication.
Public PAIR
Public Patent Application Information Retrieval allows anyone to search published applications by number. Limited to applications that have been published (18 months after filing).
Application Status Codes
Common statuses: "Received", "Docketed", "Assigned to Examiner", "Non-Final Rejection", "Final Rejection", "Notice of Allowance", "Issued", "Abandoned".
SAVE ON FEES — ENTITY STATUS DISCOUNTS
LARGE ENTITY
Does not qualify for small or micro entity status. Over 500 employees.
SMALL ENTITY
Fewer than 500 employees, OR a nonprofit organization under 37 CFR 1.27. Must not have assigned/licensed rights to a large entity.
MICRO ENTITY
Qualifies as small entity AND gross income ≤ $208,88 (2025) AND has not been named as inventor on more than 4 prior applications. File form SB/15-A.
2025 PATENT & TRADEMARK FEE CALCULATOR
SMALL ENTITY: 50% reduction — under 500 employees or qualifying nonprofit
* Fees based on 2025 USPTO fee schedule. Actual fees may vary. Verify current rates at uspto.gov before filing.
PROVISIONAL PATENT APPLICATION GENERATOR
TRADEMARKS
Application · Trademark Center · TEAS Forms · Responding to Office Actions
TRADEMARK APPLICATION PROCESS — 8 STEPS
Search Existing Trademarks
Search the USPTO Trademark Search System (TESS) to ensure your mark is not already registered or pending for related goods/services.
Determine Filing Basis
Section 1(a) Use in Commerce (mark already in use) or Section 1(b) Intent to Use (plan to use within near future).
Identify Goods & Services
List the specific goods/services associated with your mark, organized by international class (1-45). Use ordinary commercial language.
File via Trademark Center
Submit your application through trademarkcenter.uspto.gov. TEAS Plus ($250/class) or TEAS Standard ($350/class).
USPTO Examination
An examining attorney reviews the application for conflicts, descriptiveness, and other issues. Issues an Office Action if needed.
Publication for Opposition
If approved, the mark publishes in the Trademark Official Gazette. Third parties have 30 days to oppose registration.
Registration
For 1(a): registration issues after publication. For 1(b): Notice of Allowance issues, then Statement of Use within 6 months.
Maintenance
File Section 8 Declaration (5th-6th year) and Section 8+9 Renewal (9th-10th year) to maintain registration. Renewable every 10 years.
TRADEMARK CENTER — FILING PORTAL GUIDE
The USPTO Trademark Center (trademarkcenter.uspto.gov) is the official online filing system for trademark applications, replacing the legacy TEAS system. It provides:
Application Filing
File new trademark applications (1(a) or 1(b)) with guided wizard-based forms.
Status Tracking
Real-time application status, prosecution history, and deadline tracking.
Office Action Responses
Submit responses to examining attorney Office Actions electronically.
Statement of Use
File Statements of Use and requests for extension of time.
Maintenance Filings
Submit Section 8 declarations and Section 9 renewals to maintain registration.
Assignment Recording
Record ownership transfers and trademark assignments.
TEAS FORMS REFERENCE
TEAS Plus
$250/classLowest fee. Requires all goods/services from USPTO Acceptable Identification Manual. Must file all communications electronically. Strict requirements.
TEAS Standard
$350/classHigher fee but more flexible. Allows custom descriptions of goods/services. Same electronic filing requirement.
Statement of Use
$100/classRequired for 1(b) intent-to-use applications. Filed after Notice of Allowance to show actual use in commerce.
Request for Extension
$125/classExtend Statement of Use deadline by 6 months. Up to 5 extensions available (36 months total from Notice of Allowance).
Section 8 Declaration
$225/classFiled between 5th-6th year after registration. Declares mark is still in use in commerce. Required to maintain registration.
Section 9 Renewal
$300/classFiled between 9th-10th year and every 10 years after. Combined with Section 8. Renews registration for 10-year terms.
Response to Office Action
Free (first)Written response to examiner's objections/rejections. Must be filed within 6 months of issuance. No fee for first response.
Request for Reconsideration
FreeAfter final Office Action, file request for reconsideration with new arguments/amendments. Or file appeal to TTAB.
RESPONDING TO OFFICE ACTIONS — STEP BY STEP
Review the Office Action
Carefully read the examining attorney's objections. Common issues: likelihood of confusion, merely descriptive, specimen refusals, or formalities.
Determine Response Strategy
Decide whether to argue against the refusal, amend the application (modify goods/services/mark), or submit additional evidence.
Draft the Response
Address each refusal point-by-point. Provide legal arguments, cite relevant case law or precedent, and submit any required amendments or evidence.
File Before Deadline
Response must be filed within 6 months of the Office Action mailing date. Extensions available for a fee. Failure to respond results in abandonment.
Follow Up
If the examiner maintains the rejection after your response, you may file a Request for Reconsideration or appeal to the Trademark Trial and Appeal Board (TTAB).
TRADEMARK APPLICATION GENERATOR
LEARNING & RESOURCES
Glossary · Inventor Resources · Free Services · Video Library · Boot Camp
PATENT & TRADEMARK GLOSSARY
Abstract
PatentA concise summary of the technical disclosure in a patent application, limited to 150 words. It enables quick review of the subject matter by the USPTO and public.
Assignment
BothA transfer of ownership of a patent or trademark application or registration from one party to another. Must be recorded with the USPTO Assignment Services Division.
Claim
PatentThe numbered statements at the end of a patent that define the scope of legal protection. Independent claims stand alone; dependent claims refer back to and further limit another claim.
Continuation Application
PatentA second application for the same invention disclosed in a prior non-provisional application, filed before the first application issues or is abandoned. Claims priority to the earlier filing date.
Continuation-in-Part (CIP)
PatentAn application that adds new matter not disclosed in the original application while claiming priority to the original filing date for commonly disclosed subject matter.
Divisional Application
PatentA separate application carved out of a pending application when the examiner issues a restriction requirement, claiming the same priority date as the original.
Drawing
PatentA visual representation of the invention. Patent applications require drawings where necessary for understanding the invention, following USPTO format standards.
Entity Status
BothThe fee classification of an applicant: Large Entity (full fees), Small Entity (50% reduction, under 500 employees), or Micro Entity (75% reduction, meets income and filing limits).
Examiner
BothA USPTO employee who reviews patent or trademark applications for compliance with legal requirements and determines whether a patent or registration should be granted.
Filing Date
BothThe date a patent or trademark application is received by the USPTO. For patents, it establishes priority over later-filed applications for the same invention.
Goods and Services
TrademarkThe identification of the specific goods and/or services associated with a trademark. Must be organized by international class and described in ordinary commercial language.
International Class
TrademarkThe Nice Classification system categorizes goods (Classes 1-34) and services (Classes 35-45). Each trademark must specify at least one class.
Intent to Use
TrademarkA filing basis under Section 1(b) where the applicant has not yet used the mark in commerce but has a bona fide intention to do so. Requires a Statement of Use before registration.
Lanham Act
TrademarkThe primary federal trademark statute (15 U.S.C. §§ 1051-1141n) governing trademark registration, protection, and enforcement in the United States.
Maintenance Fee
PatentFees required to keep a utility patent in force: due at 3.5, 7.5, and 11.5 years after issuance. Design and plant patents do not require maintenance fees.
Non-Provisional Application
PatentA formal patent application examined by the USPTO that can mature into a granted patent. Must be filed within 12 months of a corresponding provisional application to claim priority.
Notice of Allowance
TrademarkA USPTO notice indicating that a trademark application (filed under 1(b) intent-to-use) has been approved for registration, pending submission of a Statement of Use.
Office Action
BothA written communication from a USPTO examiner regarding a pending application. May include objections, rejections, or requirements that the applicant must address within a set deadline.
Patent
PatentA property right granted by the U.S. government to an inventor, excluding others from making, using, selling, or importing the invention for up to 20 years from filing.
Patent Cooperation Treaty (PCT)
PatentAn international treaty allowing inventors to seek patent protection in multiple countries through a single international application filed within 12 months of the priority application.
Prior Art
PatentAll public knowledge, publications, patents, and public uses that existed before the filing date of a patent application, used to evaluate novelty and non-obviousness.
Provisional Application
PatentA simplified, lower-cost patent application that establishes a priority filing date but is never examined. Must be followed by a non-provisional within 12 months to preserve priority.
Publication
BothFor patents: applications are published 18 months after filing. For trademarks: published for opposition after approval, allowing third parties to challenge registration.
Specimen
TrademarkA real-world example showing the trademark as used in commerce on goods (labels, packaging) or services (advertisements, websites). Required for 1(a) filings.
Standard Character Mark
TrademarkA trademark consisting of text without specific font, color, or design elements. Provides the broadest protection across any visual presentation of the words.
Statement of Use
TrademarkA filing required for intent-to-use (1(b)) applications demonstrating that the mark is now in commerce. Must be filed within 6 months of the Notice of Allowance, extendable up to 36 months.
TEAS
TrademarkTrademark Electronic Application System — the USPTO's online filing portal. Now superseded by Trademark Center for new applications.
Trademark
TrademarkA word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services. Provides exclusive use in commerce when registered.
Trademark Center
TrademarkThe USPTO's current online filing system for trademark applications, replacing TEAS. Provides application filing, status tracking, and office action responses.
Utility Patent
PatentThe most common patent type, protecting new and useful processes, machines, articles of manufacture, or compositions of matter. Protection lasts 20 years from filing.
Design Patent
PatentA patent protecting the ornamental design of a functional item. Protection lasts 15 years from grant (no maintenance fees required).
Plant Patent
PatentA patent granted for inventing or discovering and asexually reproducing a distinct and new variety of plant. Protection lasts 20 years from filing.
PTRC
BothPatent and Trademark Resource Center — a network of libraries designated by the USPTO to provide patent and trademark research assistance to the public.
USPTO
BothUnited States Patent and Trademark Office — the federal agency responsible for granting patents and registering trademarks. Part of the Department of Commerce.
VIDEO LIBRARY — PATENT & TRADEMARK EDUCATIONAL VIDEOS
Patent Basics — What Every Inventor Should Know
Trademark Basics — Protecting Your Brand
How to Search for Existing Patents
Filing a Provisional Patent Application
Understanding Trademark Classes
Responding to Office Actions
IP Rights — Patents vs Trademarks vs Copyrights
Maintaining Your Patent — Maintenance Fees
INVENTORS & ENTREPRENEURS RESOURCES
IP Awareness Assessment
Self-assessment tool to evaluate your intellectual property awareness and identify areas for improvement.
Inventor's Notebook
Guidance on maintaining a proper inventor's notebook to document conception and reduction to practice.
Patent Prosecution Highway (PPH)
Accelerate examination by leveraging work product from participating foreign patent offices.
Pro Se Assistance Resources
Resources for inventors filing without an attorney, including filing guides and FAQs.
Patent and Trademark Depository Library
Find your local PTRC library for in-person patent and trademark research assistance.
Small Business Intellectual Property
IP guidance specifically for small businesses and startups, including licensing and enforcement.
FREE USPTO SERVICES
Patent Pro Bono Program
Free legal assistance for financially under-resourced inventors. Matches qualified inventors with volunteer patent attorneys.
Law School Clinic Program
Law school clinics provide free patent and trademark legal services to qualifying inventors and small businesses.
Trademark Assistance Center
Free assistance with trademark application questions. Call or email for help with filing requirements.
Independent Inventor Resources
Free educational materials, guides, and FAQs for independent inventors navigating the patent system.
PTRC Network
Patent and Trademark Resource Centers — designated libraries providing free patent and trademark search assistance.
Online Tools & Databases
Free access to Patent Center, Trademark Search, Assignment Search, and Official Gazette.
TRADEMARK BASICS BOOT CAMP — 5 MODULES
Trademark Fundamentals
What is a trademark? Types of marks. Benefits of federal registration. Common law vs. registered marks.
Selecting a Strong Mark
Distinctiveness spectrum. Avoiding descriptive and generic terms. Clearing your mark for registration.
Filing Your Application
Walkthrough of Trademark Center. Choosing filing basis. Identifying goods and services. Selecting classes.
Examination & Prosecution
What happens after filing. Office Actions. Responding to refusals. Publication and opposition period.
Maintaining Your Registration
Section 8 declarations. Section 9 renewals. Keeping your registration alive. Monitoring for infringement.
LEGAL SERVICES & PRACTITIONERS
Pro Bono · Practitioners · Attorneys · PTRC Network
PATENT PRO BONO PROGRAM — FREE LEGAL ASSISTANCE
The Patent Pro Bono Program provides free legal assistance to financially under-resourced inventors. Matched with volunteer patent attorneys who help prepare and file patent applications at no cost.
Patent Pro Bono Program
NationalThe USPTO's national program matching financially under-resourced inventors with volunteer patent attorneys. Available in all 50 states through regional programs.
Southern IP Pro Bono
Southern StatesServes Alabama, Arkansas, Louisiana, Mississippi, Tennessee, and Texas. Administered through regional bar associations.
Midwest IP Pro Bono
MidwestServes Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
Eastern IP Pro Bono
EasternServes Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.
Western IP Pro Bono
WesternServes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
PATENT & TRADEMARK PRACTITIONERS — TYPES
Registered Patent Attorney
An attorney licensed to practice law in at least one state who has passed the USPTO registration examination (patent bar). Can represent clients in patent prosecution matters before the USPTO.
Registered Patent Agent
A non-attorney who has passed the USPTO registration examination. Can represent clients in patent prosecution but cannot provide legal advice or represent clients in court.
Trademark Attorney
An attorney licensed to practice law who can represent clients in trademark matters before the USPTO. No separate registration exam required, but must be a member in good standing of a state bar.
Patent Pro Bono Attorney
A volunteer patent attorney who provides free legal services to financially under-resourced inventors through the Patent Pro Bono Program.
ATTORNEYS, AGENTS & PARALEGALS — RESOURCES
USPTO Roster of Patent Attorneys/Agents
Searchable database of all attorneys and agents registered to practice before the USPTO. Search by name, registration number, or location.
Patent Bar Examination
The USPTO registration examination. Required for attorneys and agents seeking to represent clients in patent prosecution. Tests knowledge of patent law and USPTO procedures.
Continuing Legal Education (CLE)
USPTO offers training and educational programs for registered practitioners. Includes webinars, workshops, and annual patent law updates.
Practitioner Discipline
The USPTO Office of Enrollment and Discipline (OED) investigates and adjudicates complaints against registered practitioners. File complaints through OED.
Attorney/Agent Ethics
Code of Professional Responsibility governing USPTO registered practitioners. Includes conflicts of interest, confidentiality, and competence requirements.
Legal Services Directory
Directory of legal service providers including patent attorneys, trademark attorneys, IP law firms, and legal aid organizations.
PATENT & TRADEMARK RESOURCE CENTERS (PTRC)
PTRC libraries are designated by the USPTO to provide patent and trademark research assistance to the public. Trained librarians help inventors and entrepreneurs navigate patent and trademark databases.
University of Arkansas
Fayetteville, Arkansas
Full PTRC services including patent and trademark search assistance, training, and reference materials.
Rice University
Houston, Texas
Full PTRC services. Extensive patent collection and trained staff for search assistance.
Los Angeles Public Library
Los Angeles, California
Full PTRC services. Patent and trademark search assistance available to the public.
New York Public Library
New York, New York
Full PTRC services. Science, Industry and Business Library with comprehensive IP resources.
Georgia Tech Library
Atlanta, Georgia
Full PTRC services. Patent and trademark search assistance and educational programs.
Chicago Public Library
Chicago, Illinois
Full PTRC services. Patent and trademark search assistance and training workshops.
CERTIFIED COPIES & RECORDS
Trademark · Published Patents · Assignment Records
CERTIFIED COPY SERVICES
Certified Copy of Trademark Registration
1-3 business days (electronic)An official certified copy of a trademark registration certificate, bearing the USPTO seal and signature of an authorized USPTO official. Used for legal proceedings, foreign filings, and official record-keeping.
Fee: VariesCertified Copy of Published Patent Application
1-5 business days (electronic)An official certified copy of a published patent application, including the specification, drawings, and any amendments. Used for legal proceedings, foreign priority claims, and due diligence.
Fee: VariesCertified Copy of Patent Grant
1-5 business days (electronic)An official certified copy of an issued patent, including the specification, drawings, and all grant documentation. Used for enforcement, licensing, and foreign filings.
Fee: VariesCertified Copy of Assignment
1-3 business days (electronic)An official certified copy of a recorded assignment document, showing the chain of title for a patent or trademark. Used for ownership verification and due diligence.
Fee: VariesCertified Copy of Office Action
1-3 business days (electronic)An official certified copy of a USPTO Office Action or other prosecution document. Used for legal proceedings and foreign prosecution.
Fee: VariesAuthenticated Copy for Foreign Filing
5-10 business daysAn authenticated certified copy specifically prepared for submission to a foreign patent or trademark office. Includes authentication under the Hague Apostille Convention where applicable.
Fee: VariesCERTIFIED COPY TYPES & THEIR USES
Trademark Certificate
Source: Trademark Center
Patent Application (Published)
Source: Patent Center
Patent Grant
Source: Patent Center
Assignment Record
Source: Assignment Center
HOW TO REQUEST CERTIFIED COPIES
Identify the Document
Determine the patent number, trademark registration number, or application number for which you need a certified copy.
Access the Certified Copy Center
Go to certifiedcopycenter.uspto.gov. Select the appropriate service (trademark, published patent, or patent grant).
Submit Request
Enter the document number, select the type of certified copy needed, and provide delivery information. Pay the required fee.
Processing
USPTO processes the request. Electronic copies are typically available within 1-5 business days. Physical copies may take longer.
Receive Certified Copy
The certified copy is delivered electronically or by mail. It bears the USPTO seal and is an official government document.
ABOUT & OVERSIGHT
Financial Performance · OIG Oversight
USPTO FINANCIAL HIGHLIGHTS
Annual Revenue
Total USPTO operating revenue from patent and trademark fees (FY2024)
Patent Applications
Utility patent applications filed annually
Patents Granted
Utility patents granted annually
Trademark Applications
Trademark applications filed annually (classes)
Trademark Registrations
Trademarks registered annually (classes)
Operating Budget
Annual operating budget (FY2024)
PERFORMANCE METRICS — TARGETS vs. ACTUAL
Patent Examination
Below TargetAverage first action pendency target vs. actual (utility patents)
Patent Total Pendency
Meeting TargetAverage total pendency from filing to final disposition
Trademark First Action
Below TargetAverage time from filing to first Office Action (trademarks)
Trademark Disposal
Below TargetAverage time from filing to final disposition (trademarks)
Patent Quality
Near TargetComposite patent quality score (examination accuracy)
Customer Satisfaction
Near TargetOverall customer satisfaction index
OIG OVERSIGHT — OFFICE OF INSPECTOR GENERAL
The Office of Inspector General (OIG) for the Department of Commerce provides independent oversight of the USPTO. The OIG conducts audits, investigations, and evaluations to promote efficiency, effectiveness, and integrity in USPTO operations.
Patent Examination Quality
Reviews the accuracy and consistency of patent examination. Identifies training needs, process improvements, and systemic issues affecting patent quality.
Trademark Examination Quality
Assesses the quality and timeliness of trademark examination. Evaluates compliance with examination guidelines and identifies process improvements.
Information Technology Security
Evaluates the security of USPTO IT systems, including Patent Center, Trademark Center, and internal databases. Identifies vulnerabilities and recommends safeguards.
Financial Management
Reviews USPTO financial operations, fee collection, budget execution, and procurement. Ensures compliance with federal financial management standards.
Human Capital Management
Assesses recruitment, retention, and training of patent examiners and trademark examining attorneys. Identifies workforce challenges and recommendations.
Procurement & Contracting
Reviews USPTO contracting practices, including IT contracts, professional services, and facilities management. Ensures compliance with federal acquisition regulations.
OIG REPORTS & PUBLICATIONS
Annual Audit Report
Comprehensive annual financial statement audit of USPTO operations and compliance.
Patent Quality Assessment
Independent assessment of patent examination quality, including sampling of issued patents for accuracy.
IT Security Audit
Evaluation of USPTO information security programs, FISMA compliance, and cybersecurity posture.
Operational Performance Review
Assessment of key performance indicators, pendency metrics, and operational efficiency.
Special Reviews
Targeted reviews of specific programs, initiatives, or areas of concern identified by Congress or the OIG.
Semiannual Report to Congress
Summary of OIG activities, findings, and recommendations submitted to Congress.
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