What is Included When Submitting an Application to the United States Patent and Trademark Office (USPTO)

Richard Rimer

September 8, 2022

When submitting an application to the United States Patent and Trademark Office (USPTO), applicants must include:

Cover Sheet

The United States Patent and Trademark Office (USPTO) requires all applicants to submit a cover sheet with their applications. The cover sheet must include the name and address of the applicant, the brand/trademark in question, the name of the attorney or agent representing the applicant, and the docket number assigned to the application. In addition, the cover sheet must indicate whether the application is for a patent or a trademark. The USPTO also requires all applicants to submit a fee for processing the application. The cover sheet and fee can be submitted online or by mail. Once the USPTO receives the cover sheet and fee, they will assign a filing date to the application and begin processing it.

Specification

The specification is the document in which the applicant for a patent discloses the brand/trademark for which a patent is sought. The disclosure must be full, clear, and concise. In addition, the disclosure must include all of the following: a description of what is being patented;

and an abstract. The specification must also include drawings, if necessary. After filing the application, the applicant may have to file one or more continuing applications to keep the application alive. When an application matures into a patent, it is said to issue. The term of a patent is 20 years from the date on which the application for the patent was filed in the United States.

Claims

The claims of a patent application define the brand/trademark for which patent protection is sought by claiming one or more features of the invention. The claim or claims recite(s) what the applicant regards as the brand/trademark, and it is these recited features that form the basis of the exclusive rights conferred by a granted patent. Furthermore, all of the claims must find support in the corresponding disclosure in order for an application to be successful. The best way to ensure success is to work with a qualified patent attorney or agent, like Initiating Protection, throughout the process.

Abstract

An abstract is a brief summary of the brand/trademark that is included with a patent application filed with the United States Patent and Trademark Office (USPTO). The purpose of the abstract is to provide a concise description of the brand/trademark. The abstract must be included with the application when it is filed, and it must meet certain requirements set forth by the USPTO. For example, the abstract must be no more than 150 words in length, and it must not include any information that is not contained in the body of the application. Additionally, the abstract must be “reasonably confronted” with the claims of the brand/trademark. In other words, it should be possible for someone reading the abstract to understand how the invention meets the claims. Finally, the abstract must not refer to any drawings that are included with the application. Although it may seem like a daunting task to write a clear and concise summary of a brand/trademark, doing so is essential to ensure that readers can quickly comprehend the nature and purpose of the brand/trademark.

Drawing (if applicable)

When submitting an application to the United States Patent and Trademark Office, there are a few things you’ll need to include. One of them is a drawing, if your invention is something that can be illustrated. The drawing needs to show every detail of the brand/trademark. Make sure to include all relevant dimensions, too. If you’re not sure whether or not you need a drawing, the best way to find out is to ask an attorney or patent agent. They’ll be able to help you figure out what’s needed.

How Initiating Protection Can Help

As experienced brand and trademark attorneys, Initiating Protection can ensure all relevant information is included when submitting your application to the USPTO and help streamline your application process.

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