To file a patent with the USPTO, you must prepare a complete patent application, determine whether to file a provisional or nonprovisional application, submit the required documents and fees through the USPTO Patent Center, and respond to the examination process until a patent is granted and the issue fee is paid.
For innovators and business owners in Idaho Falls, protecting your invention under United States patent law is a critical step toward maintaining a competitive advantage. At Beard St Clair Gaffney, we regularly advise clients on how to file patent USPTO applications correctly, strategically, and in compliance with federal requirements.
This guide explains the process clearly and accurately, with a focus on what Idaho Falls inventors need to know.
Understanding The Role Of The USPTO
The United States Patent and Trademark Office, often referred to as the USPTO or the Patent and Trademark Office, is an agency of the Department of Commerce. As an agency of the department, it examines patent applications and grants registered patent rights to qualified applicants.
The USPTO operates the Patent Center, which is its official electronic filing system for patent filing and status access. All electronic filing today occurs via Patent Center.
Step 1: Decide What Type Of Patent Application To File
Before filing, you must decide which type of patent application is appropriate for your invention.
Provisional Patent Application
A provisional application allows an inventor to secure a filing date and claim patent-pending status without beginning formal examination. It:
Establishes a priority date
Does not require formal claims
Expires after 12 months
Must be followed by a nonprovisional application to continue protection
A provisional patent application is often used by Idaho Falls startups seeking early protection while refining technology or seeking investment.
Nonprovisional Application
A nonprovisional application begins the formal examination process. A complete application process generally includes:
Specification describing the invention
Claims defining the legal scope
Drawings if applicable
Oath or declaration signed by each inventor
Application Data Sheet ADS
Required fees
Filing fee based on entity status
If properly filed, you will receive a filing receipt and an application number.
Step 2: Prepare A Complete And Accurate Application
Under patent law and 37 CFR requirements, the patent application must fully describe the invention in enough detail that a person of ordinary skill in the relevant technology could make and use it.
Key components include:
1. Specification
A detailed written description of the invention, including:
Background
Summary
Detailed description
Examples where appropriate
You must avoid adding new matter after filing. Once filed, you cannot introduce subject matter not originally disclosed.
2. Claims
Claims define the legal boundaries of the patent. This is the most important section of the patent application.
3. Application Data Sheet ADS
The application data sheet ADS provides:
Inventor information
Correspondence address
Entity status, such as small entities
Domestic or foreign priority claims
Information about international applications or patent cooperation treaty filings
4. Oath Or Declaration
Each inventor must sign an oath or declaration confirming:
They believe themselves to be the original inventor
The application was made or authorized by them
Step 3: Conduct A Prior Art Search
Before filing, you should evaluate prior art.
Prior art includes:
Existing patents
Patent application publication records
Academic publications
Publicly available products
The USPTO examiner will review prior art during examination. If similar technology exists, it may affect patentability.
A thorough search helps you:
Decide whether to proceed
Draft stronger claims
Reduce risk of rejection
Step 4: File Electronically Through Patent Center
The USPTO requires filing electronically in most cases. Filing electronically is done via Patent Center.
You must:
Convert documents to PDF format
Upload required documents
Pay required fees
Confirm submission
Obtain a confirmation number
After submission, you will receive:
A filing receipt
An application number
An official filing date
Mail or hand delivery is no longer the standard method and is strongly discouraged.
Step 5: Pay The Required Fees
Fees vary based on entity status. The USPTO recognizes:
Large entities
Small entities
Micro entities
Fees may include:
Filing fee
Search fee
Examination fee
Issue fee
Maintenance fees after the grant
Failure to pay applicable fees can result in abandonment.
Step 6: The Examination Process
After filing, your application enters the examination process.
An examiner at the patent and trademark office will:
Review claims
Compare against prior art
Issue an Office Action if objections arise
Most applications receive at least one rejection. This is normal.
Your attorney or agent may respond with:
Amendments to claims
Legal arguments
Clarifications
If allowed, you must pay the issue fee before a registered patent is granted.
Should You File Without An Attorney?
While individuals can file without representation, patent drafting is complex. Errors can:
Limit protection
Create enforceability problems
Affect licensing or contract negotiations
Prevent meaningful enforcement
A qualified patent attorney understands:
37 CFR compliance
Claim drafting strategy
Examination procedures
How to maintain and enforce patent rights
For Idaho Falls inventors, working with experienced legal counsel reduces risk and strengthens protection.
Frequently Asked Questions About Patent Application
How long does the USPTO examination process take?
It varies by technology and backlog. Many utility patent applications take several years from filing date to issuance.
What is the difference between a provisional and a nonprovisional application?
A provisional application secures an early priority date but does not begin examination. A nonprovisional application begins formal examination and can result in a registered patent.
Can I add new information after filing?
No. Adding new matter after filing is prohibited. If new developments occur, you may need to file a separate application.
What happens after my patent is allowed?
You must pay the issue fee. After payment, the USPTO will grant the patent.
What does patent pending mean?
Patent pending means a patent application has been filed but has not yet been granted.
How much does it cost to file a patent application with the USPTO?
The cost varies based on the type of application and entity status. Typical cost components include:
Filing fee (different for provisional vs nonprovisional)
Search fee
Examination fee
Issue fee
Maintenance fees after the grant
Because fees depend on whether you qualify as a small entity or micro entity, and because legal and drafting costs vary, prospective applicants should carefully review official USPTO fee schedules and consult counsel. For additional insights on fees and cost-related pitfalls when working with intellectual property counsel, see Eight Costly Mistakes to Avoid in Choosing a USPTO Trademark Lawyer.
Beard St Clair Gaffney: Protecting Innovation In Idaho Falls
Idaho Falls continues to grow in technology, agriculture innovation, and advanced manufacturing. Whether you are an independent inventor or an established company, securing patent protection early can determine whether your innovation becomes a competitive asset or a lost opportunity.
At Beard St Clair Gaffney, we help Idaho Falls businesses prepare, submit, and maintain strong patent applications aligned with federal law and long-term commercial strategy. If you are considering filing a patent, our team can help you evaluate your invention, prepare a complete application, and guide you through the examination process with clarity and precision.
If you have questions about protecting your intellectual property, contact our office to discuss your situation.