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Santa Clara UniversityUniversity Library

Patent Information

Filing

Once you've prepared your patent application, the next key step is to file it with the U.S. Patent and Trademark Office (USPTO). This officially enters your invention into the patent system and starts the examination process.

Step-by-Step: File the Application with the USPTO

1. Choose a Filing Method

Most applicants today file electronically using Patent Center (modern platform). Filing electronically gives you instant confirmation, access to digital records, and faster processing.

2. Upload Required Documents

You'll need to upload a set of files in PDF format, including:

Document Required? Notes
Specification Yes Full written description
Claims Yes At least one required
Abstract Yes 150 words max
Drawings Yes (if needed) Required if drawings are referenced
Oath or Declaration (Form AIA/01) Yes Can file with or after submission
Information Disclosure Statement (IDS) Optional Include known prior art
Application Data Sheet (ADS)

 Yes

(for provisional & non-provisional)

 Contains inventor, applicant, contact info
Fee Transmittal Form Yes Specifies the fees you’re paying

3. Pay Required Fees

The USPTO has a fee schedule based on your 'entity' size:

Entity Type Description Discount
Large Most companies or institutions Full fees
Small Independent inventors, <500 employees 50% discount
Micro Very small entities (e.g., income cap & no major ownership)

75% discount

Common fees:

  • Filing fee
  • Search fee
  • Examination fee
  • Excess claims or pages fees (if applicable)

Full USPTO Fee Schedule

4. Receive Filing Receipt
Once filed, you’ll get:

  • A filing receipt (with application number and filing date)
  • Your “patent pending” status
  • A confirmation number (for tracking)

IMPORTANT: Keep this for your records—it’s proof of filing and sets your priority date (critical in a first-to-file system like the U.S.).

5. Post-Filing Tasks

  • File your oath/declaration if you haven’t already.
  • Submit an IDS within 3 months (or as new prior art is discovered).
  • Monitor communications via Patent Center and your USPTO correspondence address.

Tips and Notes

Filing Tips:

Tip Why It Matters
File early Secures your priority date
Double-check PDFs Ensure all pages are legible and complete
Name inventors properly Misidentification can lead to issues
Keep backups Save copies of everything filed
Use an attorney if unsure

Especially for claim language or formatting

Extra Notes

  • Provisional applications are filed the same way, but don’t require claims or oath.
  • You can also file international applications through the USPTO using the PCT system, if you plan to protect your invention abroad.