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Patent application forms can be found on the USPTO website. All of the forms related to patent applications can be found on the link here, or by navigating to the USPTO website and clicking on the “Forms” link under the “Apply for a Patent” section on the “Patents” page. This page contains links to PDF versions of all the forms relevant to patent applications, and separates them into sections based on the forms' purpose. Some forms have an version referenced as an EFS-Web version, which is usually the recommended version, and a PDF document which can be filled in. The forms usually have a corresponding instructions document directly below the form, where the instructions describe how to complete the form line by line. Each form also has an abbreviation which is shown in the upper right corner of the document. Abbreviations start with the letters “PTO” and are followed by more characters which further categorize a form.
Some of the main forms patent applicants will have to submit include:
The cover sheet form for a provisional patent application is the “Provisional Application for Patent Cover Sheet - EFS-Web auto-load version (instructions [DOC]) 01/2022 SB/16 - EFS-Web” and has the abbreviation “PTO/SB/16.” While the form does also have a regular PDF version, the EFS-Web version is recommended by the USPTO, which is a PDF document which is editable. This form must be submitted with a provisional application as provisional applications are required to have a cover sheet, as stated in 37 CFR 1.51(c)(1); 37 CFR 1.53(c)(1); and MPEP 601.01(b).
The declaration (or sworn oath) that the inventor invented the applied for invention is the form “Declaration (37 CFR 1.63) For Utility Or Design Application Using An Application Data Sheet (37 CFR 1.76),” and has the abbreviation “PTO/AIA/01.” An oath or declaration is required to be submitted with a utility or design patent application, as stated in section 35 U.S.C. 111(a)(2)(C).
The form which is required for submission to disclose known prior art which may affect patentability is the “Information Disclosure Statement by Applicant - EFS-Web auto-load version,” and has the abbreviation “PTO/SB/08a.” An Information Disclosure Statement can be abbreviated as an IDS. Though this form also has a PDF version, the EFS-Web version is the version recommended by the USPTO. An information disclosure statement is required from nonprovisional utility and design applications, by applicants and other individuals who are involved with the preparation or prosecution of the application. The form must contain any information that is material to patentability, which is defined in 37 CFR 1.56 and MPEP 609. As an additional note, if a foreign patent is disclosed, a copy of the foreign patent must be attached to the IDS. Also if a non-patent source is disclosed, a copy of the relevant part of the non-patent document must be attached to the IDS. If the attached document is not English, an English translation needs to be submitted.
The form which is required when the applicant is submitting an application with reduced fees as a Micro Entity is the “Certification of Micro Entity Status - Gross Income Basis Information on Gross Income Limit Basis SB/15A,” and has the abbreviation “PTO/SB15A.” This form is required for submission if a reduced fee is desired, as a Micro Entity, and will significantly reduce the cost of fees pertaining to patent applications. The definitions and classifications of a micro entity are described within 35 U.S.C. 123 and MPEP 509.04.
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