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Patent Applications


Forms From The USPTO You'll Need

Form PTO/SB/05Form PTO/SB/21How To Pay Fees


Patent Application - Application Transmittal Form

From Mary Bellis,
Your Guide to Inventors.
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With your patent application include an application transmittal form.

Application Transmittal Form

A utility patent application transmittal form (Form PTO/SB/05) should be filed with every utility patent application to instruct the USPTO on the type of papers being filed and the number of pages, for example: specification page, claims page, or six drawing pages.

The utility patent application transmittal form also identifies the name of the applicant, the type of application, the title of the invention, the contents of the application, and any accompanying enclosures.

After Initial Filing Use This Transmittal Form

After the initial filing of your utility patent application submitted with the application transmittal form, you switch to Form PTO/SB/21 called the transmittal form for any correspondence with the USPTO. The transmittal form is often used to add additional or corrected pages.

Fee Transmittal Form and Appropriate Fee

The Fee Transmittal Form (see form PTO/SB/17i or PTO/SB/17p) may be used to calculate the filing fees. You can pay by check or by credit card. The amount and type of filing fees are dependent upon the number and type of claims presented.

The filing fee(s) for a patent application should be submitted with the application and must be made payable to the "Commissioner of Patents and Trademarks" if paid by check. If an application is filed without the basic filing fee, the applicant will be notified and will be required to submit the filing fee along with a surcharge within the time period set in the notice. Fees are subject to change and the applicant should consult the current Fee Schedule before filing.

Please note that two sets of fees exist, one for small entities and one for other than small entities. If you qualify as a small entity for patent fee purposes, no special form is required to claim your entitlement to reduced fees (you may check a special box on the transmittal form), but you should only pay small entity rates after ensuring that you qualify for the small entity discount. For example, if the inventors have not assigned any rights in the invention set forth in the application and are not under any obligation to do so (as may be required in an employment contract), small entity status is appropriate.

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