How to apply for an US patent

Before you apply for a United States patent you must understand that by law the only person that can apply for a patent is the inventor except in a few cases such as the death of the inventor with other legal representation, if the inventor is insane a guardian can apply, if the inventor refuses to apply or cannot be located, and joint inventors can apply.

The application to receive a United States patent may seem a bit confusing. Because of this, many people seek the knowledge of a patent attorney to ensure their application meets all qualifications.

The application will need to include:

•  A written document will contain specification known as the description and claims along with an oath or declaration.

•  A drawing if needed

•  Filing, search, and examination fees

Other rules for filing out the patent application include:

•  All papers submitted must be in English or include a translation into English with the application.

•  All papers must be legible, written on one side only with a typewriter or mechanical printer in dark ink.

•  The paper should be flexible, smooth, durable, non-shiny, and white

•  All papers should be the same exact size such as:

•  “either 21.0 cm by 29.7 cm (DIN size A4) or 21.6 cm by 27.9 cm (8 1/2 by 11 inches), with a top margin of at least 2.0 cm (3/4 inch), a left side margin of at least 2.5 cm (1 inch), a right side margin of at least 2.0 cm (3/4 inch) and a bottom margin of at least 2.0 cm (3/4 inch) with no holes made in the submitted papers”

•  All spacing should be 1 ½ or double

•  Fonts should be Arial, Times Roman, or Courier with a font size of 12 preferred

•  The paper should have only one single column of text

Along with the information regarding the description, you will need to include a claims. The claim or claims will be the portion that the applicant will claim the invention as their own and defines the scope of the protection. The claims portion should be on another sheet of paper instead of included with the description.

Law for a non-provisional application also requires the oath or declaration. In this oath, the person applying for the patent must declare that he or she believes they are in fact the original or first inventor of the item. The oath must be sworn in front of a notary public. The oath must be signed by the inventor with complete first and last name along with a middle initial.

The completed application cannot be sent over a facsimile or email it must be sent through the mail to”

Commissioner For Patents

P.O. Box 1450

Alexandria, VA 22313-1450

or hand delivered.