• Why can't I file in EFS-Web Contingency during scheduled EFS-Web outages?

    EFS-Web and EFS-Web Contingency share a common backend system. During scheduled maintenance activities, both EFS-Web and EFS-Web Contingency need to be brought offline to properly complete system maintenance.

  • Could EFS-Web Contingency experience a system outage?

    While we do not expect EFS-Web Contingency to experience any system outages, there may be rare instances when shared resources (i.e., USPTO network, RAM and PALM) are unavailable resulting in a partial or complete loss of service.   If the RAM (Revenue Accounting Management) system is unavailable, neither EFS-Web nor EFS-Web Contingency will be able accept online payment in real-time. If the PALM (Patent Application Location Monitoring) system is unavailable, neither EFS-Web nor EFS-Web Contingency can complete validation in PALM and thus national stage 35 U.S.C 371 applications cannot be accepted. Users are strongly advised to transmit their electronic filings sufficiently early in the day to allow time for alternative paper filing when transmission cannot be initiated or correctly completed in EFS-Web nor EFS-Web Contingency.

  • Can I file using EFS-Web Contingency at anytime?

    EFS-Web Contingency is intended to be used when the primary portal to EFS-Web has an unscheduled outage. We strongly encourage applicants to file as a registered user to take advantage of the full features of EFS-Web.  However, EFS-Web Contingency will be available to applicants 24x7 except for scheduled outages and other shared system resource outages.

  • Can I file a test application via EFS-Web Contingency?

    No. EFS-Web Contingency is a production system and a submitted application will be processed as if it was filed through our primary EFS-Web system. Users are advised that the USPTO may revoke a user's digital PKI certificate or block a user's IP address if the user makes an improper submission through EFS-Web or EFS-Web Contingency.

  • Can I access my Saved Submissions via EFS-Web Contingency?

    No. Registered e-filers who have uploaded documents to a Saved Submission package in EFS-Web will not be able to access those Saved Submission documents in EFS-Web Contingency.

  • Can I submit online fee payments via EFS-Web Contingency?

    Applicants can submit online fee payments by selecting fees on the fee calculation screen and completing their payment at time of submission (i.e., chose the "Yes! I want to pay now" button rather than "No - I will pay later" button). 

  • Will my PDF files still be validated?

    Yes. Documents filed in EFS-Web Contingency must meet the same file format requirements established for EFS-Web, e.g., file size and PDF embedded-font requirements. The same file validation performed in EFS-Web will also be performed in EFS-Web Contingency.

  • Will I still receive an acknowledgement receipt after an EFS-Web Contingency submission?

    Yes. EFS-Web Contingency will continue to provide an Electronic Acknowledgement Receipt that establishes the date of receipt by the UPSTO of a new application.

  • Can I use my Customer Number while filing via EFS-Web Contingency?

    Yes. Users can type in the desired Customer Number to designate the application’s correspondence address.  The dropdown list of Customer Number that is displayed in EFS-Web for Registered e-filers will not be available in EFS-Web Contingency. And the correspondence address associated with the Customer Number entered will not be displayed in EFS-Web Contingency. Users are advised to double-check the Customer Number entered in EFS-Web Contingency to confirm it is accurate. 

  • Does EFS-Web Contingency provide the same level of security as EFS-Web?

    Yes. EFS-Web Contingency is protected with the same level of security as EFS-Web Unregistered by using Transport Layer Security (TLS) to encrypt transmission over the Internet.

  • Do I need a Digital Certificate to access EFS-Web Contingency?

    No. Users do not need a digital certificate to access EFS-Web Contingency. This portal provides an identical user interface and equivalent functionality as Unregistered EFS-Web.

  • What if I mistakenly file a follow-on document as a new application via EFS-Web Contingency?

    When an applicant improperly files a follow-on document as a new application via EFS-Web Contingency (or EFS-Web) and requests the USPTO to move the follow-on document to the appropriate application, a petition under 37 CFR 1.182 accompanied by the petition fee will be required.

  • Can I submit follow-on documents via EFS-Web Contingency?

    Currently, EFS-Web contingency does not permit follow-on fee payments and most follow-on documents (e.g., amendments and replies to Office actions) filed after the initial submission of the application.

  • What is EFS-Web Contingency?

    To increase the availability of its patent electronic filing system, the USPTO has established a contingency option for applicants to e-file new applications when the main portal to EFS-Web is unavailable due to an unscheduled system outage.

  • What is "Deposit Account Access Code"? How do I access that information?

    This is the PIN number for your deposit account. Please contact the Office of Finance/Deposit Accounts at 571-272-6400 for further information.

  • Can I submit the PTO-2038 Credit Card Form via EFS-Web?

    Informatiion provided on the PTO-2038 Credit Card Form is considered by the USPTO as onfidential, so at this time we ask that you do not submit the PTO-2038 Credit Card Form via Efs-Web. Please either pay fwith your credit card through EFSWeb or by deposit account.

  • How do I pay fees for a National Stage submission under 35 U.S.C. 371 when online payment in EFS-Web is unavailable?

    A deposit account authorization may be included with the EFS-Web submission (e.g., Transmittal Letter (PTO-1390)). Payment of the basic national fee by credit card may be made by Credit Card Payment Form (PTO-2038) sent via Express Mail. Fax transmission of the basic national fee for 371 entry is not accepted. Payment of any other fees by credit card may be made by Credit Card Payment Form (PTO-2038) faxed to PCT Operations Facsimile (571) 273-3201 or sent via Express Mail. Applicants must include the application number from the Acknowledgement Receipt provided by EFS-Web to ensure proper application of the fees. Failure to timely pay the basic national fee prior to the expiration of 30 months from the priority date will result in abandonment of the international application.

  • What fee codes do I use when filing a PCT application?

    Fee Codes are identified on the "Calculate Fees" section of EFS-Web.

  • What discount options are available for filing international applications?

    Checkboxes for discounted international filing fees are provided for in the "Calculate Fees" section of EFS-Web. If the international application is filed electronically without the PCT-Easy zip file, the box "International Filing Fee (first thirty pages) - Filed in paper with PCT Easy file or electronically with PCT Easy file" should be checked. If the PCT-Easy zip file is included with the electronic filing, the box "International Filing Fee (first thirty pages) - Filed Electronically without PCT Easy file" should be checked instead to obtain an even greater discount.

  • What are the requirements for filing a Petition to Make Special Based on Age?

    The applicant must be at least 65 years old to file the Petition to Make Special Based on Age. No fee is required with this petition. Evidence showing that the applicant meets the age requirement is no longer a requirement. However, if it is the attorney making the statement, he/she will be required to have evidence showing that the applicant is at least 65 years old, in their personal file, in case it is ever needed.

  • Why can't I file in EFS-Web Contingency during scheduled EFS-Web outages?

    EFS-Web and EFS-Web Contingency share a common backend system. During scheduled maintenance activities, both EFS-Web and EFS-Web Contingency need to be brought offline to properly complete system maintenance.

  • Could EFS-Web Contingency experience a system outage?

    While we do not expect EFS-Web Contingency to experience any system outages, there may be rare instances when shared resources (i.e., USPTO network, RAM and PALM) are unavailable resulting in a partial or complete loss of service. If the RAM (Revenue Accounting Management) system is unavailable, neither EFS-Web nor EFS-Web Contingency will be able accept online payment in real-time. If the PALM (Patent Application Location Monitoring) system is unavailable, neither EFS-Web nor EFS-Web Contingency can complete validation in PALM and thus national stage 35 U.S.C 371 applications cannot be accepted. Users are strongly advised to transmit their electronic filings sufficiently early in the day to allow time for alternative paper filing when transmission cannot be initiated or correctly completed in EFS-Web nor EFS-Web Contingency.

  • Can I file using EFS-Web Contingency at anytime?

    EFS-Web Contingency is intended to be used when the primary portal to EFS-Web has an unscheduled outage. We strongly encourage applicants to file as a registered user to take advantage of the full features of EFS-Web. However, EFS-Web Contingency will be available to applicants 24x7 except for scheduled outages and other shared system resource outages.

  • Can I file a test application via EFS-Web Contingency?

    No. EFS-Web Contingency is a production system and a submitted application will be processed as if it was filed through our primary EFS-Web system. Users are advised that the USPTO may revoke a user's digital PKI certificate or block a user's IP address if the user makes an improper submission through EFS-Web or EFS-Web Contingency.

  • Can I access my Saved Submissions via EFS-Web Contingency?

    No. Registered e-filers who have uploaded documents to a Saved Submission package in EFS-Web will not be able to access those Saved Submission documents in EFS-Web Contingency.

  • Can I submit online fee payments via EFS-Web Contingency?

    Applicants can submit online fee payments by selecting fees on the fee calculation screen and completing their payment at time of submission (i.e., chose the "Yes! I want to pay now" button rather than "No - I will pay later" button).

  • Will my PDF files still be validated?

    Yes. Documents filed in EFS-Web Contingency must meet the same file format requirements established for EFS-Web, e.g., file size and PDF embedded-font requirements. The same file validation performed in EFS-Web will also be performed in EFS-Web Contingency.

  • Will I still receive an acknowledgement receipt after an EFS-Web Contingency submission?

    Yes. EFS-Web Contingency will continue to provide an Electronic Acknowledgement Receipt that establishes the date of receipt by the UPSTO of a new application.

  • Can I use my Customer Number while filing via EFS-Web Contingency?

    Yes. Users can type in the desired Customer Number to designate the application's correspondence address. The dropdown list of Customer Number that is displayed in EFS-Web for Registered e-filers will not be available in EFS-Web Contingency. And the correspondence address associated with the Customer Number entered will not be displayed in EFS-Web Contingency. Users are advised to double-check the Customer Number entered in EFS-Web Contingency to confirm it is accurate.

  • Does EFS-Web Contingency provide the same level of security as EFS-Web?

    Yes. EFS-Web Contingency is protected with the same level of security as EFS-Web Unregistered by using Transport Layer Security (TLS) to encrypt transmission over the Internet.

  • Do I need a Digital Certificate to access EFS-Web Contingency?

    No. Users do not need a digital certificate to access EFS-Web Contingency. This portal provides an identical user interface and equivalent functionality as Unregistered EFS-Web.

  • What if I mistakenly file a follow-on document as a new application via EFS-Web Contingency?

    When an applicant improperly files a follow-on document as a new application via EFS-Web Contingency (or EFS-Web) and requests the USPTO to move the follow-on document to the appropriate application, a petition under 37 CFR 1.182 accompanied by the petition fee will be required.

  • Can I submit follow-on documents via EFS-Web Contingency?

    Currently, EFS-Web contingency does not permit follow-on fee payments and most follow-on documents (e.g., amendments and replies to Office actions) filed after the initial submission of the application.

  • What is EFS-Web Contingency?

    To increase the availability of its patent electronic filing system, the USPTO has established a contingency option for applicants to e-file new applications when the main portal to EFS-Web is unavailable due to an unscheduled system outage.

  • How do I establish a Deposit Account?

    You may establish a deposit account by completing a Deposit Account Application Form, or by sending correspondence along with your initial deposit and the fee required to establish the account to the following address:

    Mail Stop 16
    Director of the US Patent and Trademark Office
    PO Box 1450
    Alexandria, VA 22313-1450

    Please include the following information in your correspondence:

    * Name of Deposit Account Holder
    * Attention line (if applicable)
    * Street address
    * City, State and Zip Code
    * List of authorized users

    Visit the Deposit Account Rules and Information page if you require additional information about deposit accounts, the types of deposit accounts offered by the USPTO, or initial deposit account payment amounts and the fees required to establish an account.

  • Who is administering this certification requirement?

    The certification is administered by the U.S. Commerce Department's Bureau of Industry and Security (BIS). The BIS administrates technology and software included in or intended for filing in patent applications that may be subject to U.S. dual-use export controls as set forth in the Export Administration Regulations (EAR). Access to this technology may require a license from the BIS. Further information may be obtained from the U.S. Commerce Department's Bureau of Industry and Security (BIS) website www.bis.doc.gov or by contacting the BIS Office of Exporter Services at 1-202-482-4811.

  • How do I obtain further information regarding the Export Administration Regulations as they pertain to retrieving patent application and filing information?

    Information regarding U.S. export controls and their application to technology and software included in patent applications is available from the BIS. Please visit the BIS website www.bis.doc.gov or contact BIS's Office of Exporter Services at 1-202-482-4811.

  • Is EAR certification required in Private PAIR?

    Yes. Private PAIR allows anyone associated with a customer number to view patent application information before the application has received a foreign filing license. Thus, persons located outside the United States or a foreign national inside the United States can view patent application information prior to the issuance of a foreign filing license. Access to such technology and/or software by any person located outside the U.S. or by a foreign national inside the U.S. constitutes an export that may require a license from the U.S. Users of Private PAIR will be required to certify in the future that they are using the digital certificate for access in a manner that doesn't violate or circumvent the EAR.

  • Why am I now required to certify that I am using the digital certificate for access to EFS-Web in a manner that doesn't violate or circumvent the EAR?

    EFS-Web includes a feature that allows registered users to save submissions and to view the last 40 acknowledgement receipts for a limited amount of time. This information may be viewed by an employee who can use a practitioner's digital certificate to access saved submissions and to view the last 40 acknowledgement receipts. Access to such technology and/or software by any person located outside the U.S. or by a foreign national inside the U.S. constitutes an export that may require a license from the U.S. Further information may be obtained from the U.S. Commerce Department's Bureau of Industry and Security (BIS) website www.bis.doc.gov or by contacting the BIS Office of Exporter Services at 1-202-482-4811.

  • What is the life of a digital certificate?

    The certificate expires 27 months after it was originally issued or recovered. If the customer uses the digital certificate during the last 100 days of this time period, the certificate will be updated automatically. Once updated, the certificate will be renewed for another 27 months. This renewal process continues indefinitely. If the certificate is not used by the customer during that 100-day period, it will expire and the customer must use either self recovery or must have an EBC-assisted recovery.

  • What if multiple copies of the digital certificate exist?

    Only one copy of the digital certificate will be renewed through the automatic update process. Any other copy, on a customer's alternate computer or disk drive, will not be renewed. Copies not renewed will stop working when the certificate was originally set to expire. Customers may make copies of the renewed certificate.

  • How long do customers have to use the authorization code and reference number initially received from the Electronic Business Center (EBC) to create and download their digital certificate?

    120 days.

  • How can a customer determine when the 100-day automatic update time period begins and whether a copy of the digital certificate was automatically renewed?

    There is no automatic notification. Customers should contact the EBC for renewal information by calling 1-866-217-9197.

  • What should a customer do if the 120 days has passed and the authorization code and reference number have expired?

    The customer should contact the EBC, who will reissue the authorization code and reference number. Reissue should take five to six business days.

  • What are the known problems of creating PDF files using ABXPDF?

    Caution: It has been found that ABXPDF may create blank pages at the beginning and end of your document; this will not affect the review process of your application. There is also a possibility that content could be lost in the conversion to PDF, which will affect the review process of you application. If ABXPDF is your preferred PDF creation tool, please carefully review your PDF content before you submit. You may want to consider choosing another PDF Writer to create your PDF Files; click here for additional options.

  • If I need to pay a fee, does the system tell me?

    No. You will need to know which fees are necessary for your particular application.

  • If the system goes down, can electronically generated documents be printed and submitted via Express Mail?

    Yes. These documents will be treated identically to other submissions filed by paper.

  • If payment fails, will I still have a receipt date?

    Yes, the receipt date will be indicated on your electronic acknowledgment receipt.

  • I mistakenly filed the incorrect drawings with my application and then later that same day filed a preliminary amendment adding new drawings and requesting the deletion of the incorrect drawings. Will the incorrect drawings be included in a certified copy of the application-as-filed?

    Yes, the incorrect drawings will remain in the application file and will be included in a copy of the application-as-filed. Thus, if an applicant wishes to have an application without the wrong drawings, the applicant should file a totally new application (e.g., new specification including claims(s) and fees) comprising the correct drawings, and, if desired, expressly abandon the original application.

  • Will the application serial number show up on my credit card bill?

    No, this is a function that your credit card provider needs to supply. The USPTO passes the serial number to the credit card vendor, and at this time American Express is the only known credit card company that places the passed serial number on clients statements.

  • Is there a refund of filing fees for petitions for Accelerated Examination (AE) that are denied?

    No, there are no refunds of filing fees or of petition fees for denied petitions

  • What should I do if all information is submitted along with the credit card information and my screen freezes?

    Call the EBC at 866-217-9197. Do NOT attempt to re-submit your information.

  • Will a deposit account number show up in the public information?

    It depends on how an authorization to charge a deposit account is made. If the deposit account authorization is made as part of a paper that becomes public (e.g., part of a published application, part of an application that matures into a patent), the deposit account number will become public.

  • What should I do if I encounter a problem when attempting to pay fees via EFS-Web?

    Contact the EBC (866-217-9197) for alternative methods of payment.

  • Is it possible to get an actual receipt of funds transferred when paying by electronic funds transfer (EFT), or will the receipt only appear on the acknowledgment receipt?

    The only receipt you will receive is your acknowledgment receipt upon submission.

  • Can I pay patent application fees online?

    Yes, fee payments may be made in real time, much as you would in an online purchase transaction.

  • Can a filer use more than one type of payment (i.e., pay with credit card and put over/under charges on deposit account)?

    Not electronically. You can pay with a credit card online and you may authorize under/over charges to your deposit account by attaching a fee transmittal. Currently, you can only pay in real time by one method.

  • If I pay through EFS-Web online and also attach a Fee Sheet will I be double charged?

    There is no double charge if you pay through EFS-Web and attach a fee sheet.

  • Will I be able to see the balance in my deposit account at the time of submission?

    No, not by using EFS-Web. You can view your deposit account balance by logging into the Office of Finance webpage located at https://ramps.uspto.gov/eram and entering their Deposit Account number and Authorization Code.

  • How are EFS-Web fees collected?

    EFS-Web fees are collected through the 'Calculate Fees' screen in EFS-Web.

  • If using a deposit account without access to the account's password (e.g., filing a substititue 875 Fee worksheet with authorization to charge the deposit account), will this form of payment qualify as a same day payment of fees?

    Yes. This form of payment qualifies as same day payment of fees.

  • Does the USPTO accept Paypal or Google Checkout?

    No, however USPTO does accept EFT, deposit account, and credit card payments.

  • How do I pay for a terminal disclaimer?

    Choose the "Statutory Disclaimer" option from the "Calculate Fees" screen. When filing documents to an existing application, the Statutory Disclaimer fee can be found in the Miscellaneous Fees and Post Allowance Fees section of the calculate fee screen.

  • Can I pay via credit card on EFS-Web?

    Yes. You may also pay by EFT or deposit account.

  • When filing an amendment after non-final rejection, where do I mention I want to pay for extra claims added through the submitted amendment?

    Indicate the number of unpaid claims on the "Calculate Fees" screen in EFS-Web.

  • Can I pay an issue fee via EFS-Web?

    Yes. Filers must complete and attach Part B of the Issue Fee Transmittal form PTOL-85 to EFS-Web, select the appropriate issue fee under "Post Allowance and Post-Issuance Fees" on the "Fee Calculate" screen, and pay online.

  • Do I have to re-type credit card information every time I pay a fee, or does EFS-Web cache credit card information?

    Yes. You must re-type the information as EFS-Web does not store credit card information.

  • If I pay fees online through EFS-Web, do I need to attach my own fee transmittal form?

    If you are paying online, you do not need to attach your own fee transmittal form.

  • If I miss a fee charge during electronic filing but have attached a transmittal authorizing payment of the actual fee, will the USPTO take the fee from the submitted transmittal form?

    If an appropriate preauthorization statement to charge/credit the deposit account for under/over charges is made, any unpaid/overpaid fees will be manually processed by USPTO personnel.

  • How many deposit accounts can be used per submission?

    Only one deposit account can be used per submission. If the customer wants to use multiple deposit accounts, they must submit the documents in separate submissions. If the customer is paying multiple fees, they can pay for all of the fees in one submission using one deposit account number.

  • Can I use a check to pay for e-filing?

    You cannot submit a check through EFS-Web, but you may opt to pay fees later and submit a check through mail. However, any applicable late payment fees remain in effect.

  • When filing a response to an office action in which the number of claims has changed, does EFS-Web allow me to account for fees already paid?

    Presently the "Calculate Fees" screen in EFS-Web does not indicate which fees have already been paid for an application. The filer will need to refer to their records or the information provided in PAIR to determine what fees have already been paid. When paying for claims, the filer will only want to indicate the number of claims that have not been paid for. EFS-Web will then calculate the total fee due.

  • How do I pay later after submitting an application?

    As a registered user, you can submit a follow-on submission to pay your fees within the same day without incurring any late fees. You may also pay by fax or mail. As a unregistered user, you must either pay by fax or mail. Contact the EBC at 866-217-9197.

  • When online fee payment in EFS-Web is unavailable, how do I submit payment for fees?

    To submit fees when online payment is unavailable, a deposit account authorization transmittal (PTO/SB/17) may be included with the EFS-Web submission. A credit card authorization transmittal (PTO-2038) may also be faxed to the Central Facsimile (571) 273-8300 or sent via Express Mail. Applicants must include the application number from the Acknowledgement Receipt provided by EFS-Web to ensure that the fees are paid in the correct application.

    If applicant wishes to submit the patent application filing fees on the filing date of a patent application to avoid the surcharge, the payment of the filing fees must be submitted and received by the USPTO before midnight on the filing date of application. Failure to pay the fees on the filing date of the application will result in a surcharge.

    When submitting fees by facsimile transmission, applicant should include a certificate of transmission under 37 CFR 1.8 (e.g., PTO/SB/97) to ensure timely payment of the fees. The certificate of transmission may be included on or accompany a fee transmittal (along with a credit card payment form, PTO-2038, if paying by credit card). Applicants are advised that the date of receipt accorded to correspondence (including fee payments) transmitted by facsimile on a Saturday, Sunday, or Federal holiday is the next business day. See MPEP 512.

    Fax submission of the basic national fee for National Stage under 35 U.S.C. 371 is not accepted.

  • Can I pay maintenance fees via EFS-Web?

    Maintenance fees cannot be paid through EFS-Web. However, maintenance fees may be paid online through the USPTO Office of Finance.

  • Do I have to prepare and save a PDF of the Fee Transmittal form since there is a fee page on EFS-Web?

    No. You can either attach a fee transmittal form or use the payment options available on EFS-Web.

  • Are there any fee reductions when filing electronically via EFS-Web?

    There is a Page Fee discount of 25% for both large and small entities applications over 100 pages. There is also a $75 savings for small entities filing electronically.

  • What issue fees can I pay online through EFS-Web?

    Only utility, design, and plant issue fees may be paid through EFS-Web. These are found on the fee page of a follow on application under post allowance and post issue.

  • Will the fees automatically be updated on the system when fees increase?

    If the fee schedule is altered, the fees will be updated immediately in EFS-Web.

  • Can I file on EFS-Web and select pay fees later and then pay by check?

    Yes. You may pay by check after filing via EFS-Web. However, a surcharge may be due if the full fees are not sent the same day by Express Mail in accordance with 37 CFR 1.10.

  • Are all fee codes payable online?

    Nearly the entire fee schedule is payable through EFS-Web except for those specific applications/documents that are not accepted through EFS-Web (i.e. Assignments, Interferences, Plant Applications, etc.).

  • How much does a digital certificate cost?

    A digital certificate is provided free of charge from the USPTO.

  • What fees apply when filing through the Accelerated Exam (AE) program?

    An accelerated examination application requires a petition fee set out in 37 CFR 1.17(h) unless a showing is made that the claimed invention is directed to environmental quality, energy, or countering terrorism. The filing fees for the application are the same as for any filing of a US non-provisional application. Please refer to the fee schedule now in effect.

  • I have a deposit account, but not a deposit account access code. Can I file an application online without the access code?

    In order to pay in real time, you must have the deposit account access code. Otherwise, you may submit a fee transmittal form indicating the deposit account number without the deposit account access code.

  • I was told that we do not need to file an "extension of time" when we pay the fee. Is this incorrect?

    An appropriate petition for extension of time should be attached in addition to paying the fee.

  • What happens when I file an application without paying fees?

    If fees were due, late fees may be incurred and a missing parts notice will be mailed to the correspondence address on record. If you are a registered user, you may submit a follow-on within the same day of filing to pay any unpaid fees and avoid receiving a Notice of Missing Parts and/or a surcharge.

  • Do I have to buy Adobe Reader in order to use the PDF Fillable Forms?

    Adobe Reader is offered free of charge at www.adobe.com.

  • Is EFS-Web compatible with the Macintosh Preview PDF viewer?

    Yes, you can use any reader to read your PDF documents. However, Adobe Reader has been tested by the USPTO to work with our fillable forms.

  • I already downloaded the Adobe Job Options for EFS-Web. Do I need to do it again for new releases of EFS-Web?

    No, the job options file is for the Adobe application, not EFS-Web.

  • What are the signature requirements for filing using EFS-Web?

    The signature policy of EFS-Web is addressed in detail in the EFS-Web Legal Framework. PDF files submitted using EFS-Web should include either a handwritten signature in compliance with 37 CFR 1.4(d)(1) inserted before scanning the document or converting it to image-based PDF form or an S-signature in compliance with 37 CFR 1.4(d)(2) . When filing a new application byEFS-Web, a signed transmittal form or a signed application data sheet (ADS) is recommended for identification purposes. However, a signature is not required to obtain a filing date for a new patent application.

  • Will EFS-Web accept an unlicensed embedded font?

    No, all fonts embedded in the document should be licensed and legally embeddable.

  • Is there a page limit for EFS-Web submissions?

    As EFS-Web enforces a limit based on file size (25 MB per file), not page size, the limit of allowed pages varies depending on page content.

  • Is there a MB limit relative to sequence listings?

    Yes, 100 MB. When attaching a sequence listing, the TEXT file must be uploaded separately from other files.

    If a sequence listing TEXT file is larger than 100MB, applicant must submit the sequence listing on CD via the US Postal Service in accordance with 37 CFR 1.52(e) and 37 CFR 1.821.

  • Can I use EFS-Web to file a utility (nonprovisional) application when I have already submitted the invention in a provisional patent application (which I desire to keep) by submitting an amendment to the provisional patent application?

    No. The utility (nonprovisional) application must be filed as a complete and separate submission.

  • Does one .txt file for a sequence listing satisfy the computer readable format (CRF) and paper copy?

    Yes. One copy submitted through EFS-Web will be sufficient. See the EFS-Web Legal Framework at http://www.uspto.gov/ebc/portal/efs/legal.htm.

  • May I submit color drawings?

    At this time, color drawings are only accepted for design applications.

  • Are the fillable forms required for submission via EFS-Web?

    No, the fillable forms are provided for your convenience. They are not required.

  • Do we still need to submit a PCT Transmittal form with a new PCT filing?

    The PCT Transmittal form is not required. Use of the form, however, is recommended as the applicant-supplied information in the "Screening Disclosure Information" section assists the Office in determining whether to grant a license for foreign transmittal

  • Do we still need to submit a PCT Transmittal form with a new PCT filing?

    The PCT Transmittal form (Form PCT-1382) is not required. However, the PCT Request (Form PCT/RO/101) must be filed with a new PCT filing either as a PCT-EASY zip file or a PDF document. Use of the PCT Transmittal Form is recommended as the applicant-supplied information in the "Screening Disclosure Information" section assists the Office in determining whether to grant a licence for foreign transmittal.

  • Can I submit PDF files using Grayscale text?

    Do not submit PDF files using Grayscale text. Grayscale text may not be rendered properly during the PDF to TIFF conversion process. This may result in loss of content.

  • I am having trouble embedding the fonts on a non-fillable USPTO form. How can I submit these documents using EFS-Web?

    You may print the PDF as an image PDF file.

    1. Open your PDF and select 'Print'. Then select your PDF printer in the Printer Name drop down list.
    2. Select the 'Advanced' tab at the lower left-hand corner of the splash window.
    3. Select the checkbox, 'Print to Image'.
    4. Browse to the location you want the new image PDF file to be saved.
    5. You can now attach the form in EFS-Web without the 'Embedded Font' error message.

  • Is there a size limit for the PDF files submitted using EFS-Web?

    Yes, currently the size limit on PDF files is the same size limit for most TXT files. Each file must be smaller than 25 MB. One can upload up to 60 files (if attaching a multi-doc each line of the multi-doc is considered a file) per submission. Please note that only 20 files can be uploaded at a time (i.e. Attach only 20 files each time you press "Upload and Validate"). Sequence listings file size can be up to 100 MB and must be attached, uploaded and validated seperately from all other files.

  • Is it still a requirement to use Lucinda Sans Unicode?

    No, users may use any licensed and embeddable font in their PDF files so long as it complies with the policy set forth in 37 CFR 1.52(b)(2)(ii).

  • Why are the fillable forms I have always used (i.e. ADS) giving me error messages now?

    Please make sure you are using the latest version of the forms located at http://www.uspto.gov/ebc/portal/forms.htm.

  • Can I use my own PDF forms?

    Yes, but the data present in the forms will not be automatically loaded into USPTO systems.

  • What is the difference between a text-based and an image-based PDF file?

    An imaged-based PDF is a document that captured the original source document as a snapshot. There is no metadata linked to the PDF. Therefore, there is no ability to perform high-level PDF functions such as search, find, make comments, etc. A text-based PDF is a document created by converting a digital document previously created using a word processor (such as MS Word, Word Perfect, Open Office, etc.) into a PDF. Text-based PDF files allow functionality such as copy-and-paste and keyword searches.

  • How can I convert my PDF file to an image-based PDF file?

    Each PDF creation tool is different. However, if you are using Adobe Acrobat:

    1. Open the document in Adobe Acrobat or Adobe Reader;
    2. Select: File, Print, and choose Adobe PDF printer. (If you have already configured the Adobe Job Options File to work with Adobe Acrobat, a text-based PDF will be created using the Adobe Job Options specification. Otherwise, you can create an image-based PDF by selecting the Advanced tab in the lower left hand corner of the splash window.);
    3. Select the check box 'Print to Image' and then click 'OK'; and
    4. Browse to the location you want to save the new image PDF file.

  • When reviewing the uploaded text file sequence listing, it does not have returns, all the characters run together. Is it supposed to look that way?

    Yes, because your browser parses the data in a different manner than your text reader.

  • What is an embedded font?

    This is a font that is embedded in the document and travels with the document.

  • How would I print a copy of the application to provide to a reviewer before filing?

    When you are on the Review Documents page in EFS-Web, you have the ability to preview the PDF files that you have uploaded for submission. You can print the documents from the preview window.

  • Should I attach the Credit Card Authorization form (SB2038) using EFS-Web?

    Do not submit Credit Card Authorization forms via EFS-Web. All documents received are electronically processed and scanned into the Image File Wrapper and will be available for viewing. Credit Card authorizations can be made online via EFS-Web without attaching this form. If you do wish to use this form however, please submit via postal mail or by fax.

  • When filing an authorization to charge fees to a deposit account via EFS-WEB, is a duplicate copy of the form required?

    No, only one copy of the form is required when filing via EFS-Web.

  • When paying an Issue Fee online via EFS-Web, do I need to attach a PDF of the Issue Fee Transmittal Form (PTOL-85B)?

    Yes, when paying Issue Fees via EFS-Web, one must also submit the Issue Fee Transmittal Form (PTOL-85B).

  • For provisional applications, should the Application Data Sheet or Provisional Cover Sheet could be used?

    You may use the ADS in lieu of the Provisional Cover Sheet. If you use a Provisional Cover Sheet, please index it as "Transmittal of New Application".

  • If a petition to make special is auto-granted, will it expedite the processing of the application?

    The "special" status will not impact the processing of the application. It will, however, cause the application to be examined out of turn, once it has been assigned to an examiner.

  • May applicants use their own ADS form or scan the USPTO fillable one when submitting PG-Pubs?

    No. The USPTO ADS fillable form must be submitted as a text-based PDF file. A scanned version of the ADS fillable form will be rejected via EFS-Web because EFS-Web will not be able to auto-load scanned in data into backend systems.

  • Why do applicants have to use the USPTO e-fillable ADS form when submitting PG-Pubs?

    This is a system requirement. The data needs to be auto-loaded and the only way to do that is by submitting the ADS fillable form, as a text based PDF file.

  • If I cannot e-file a Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c), what other method of filing the petition is available?

    You may file the same Petition via paper (users are advised not to use the e-Fillable Petition form if they decide to file by paper), however, the option of receiving an immediate automatic grant as one would receive in an e-filed petition is not available.

  • What happens if I file documents that have colored text?

    Do not submit PDF files using colored text. Colored text may not be rendered properly during the PDF to TIFF conversion process. This may result in loss of content.

  • Do I need to submit a petition along with my application if I submit color drawings or photographs with my design application?

    "All design application drawings may be submitted via EFS-Web. However, the Office will treat color drawings in design applications as informal drawings unless accompanied by a grantable petition filed under 37 CFR § 1.84(a)(2) explaining why the color drawings are necessary. See the EFS-Web legal Framework at: http://www.uspto.gov/ebc/portal/efs/legal.htm. Further, although photographs are not ordinarily permitted, photographs will be accepted if they are the only practicable medium for illustrating the claimed invention. See 37 CFR 1.84(b)."

  • Is an Application Data Sheet (ADS) required when submitting a new utility application?

    No, it is not required to file a new utility application. However if the form-fillable ADS (SB14) is used, the data entered will be auto-loaded into USPTO backend systems, thus bypassing manual entry of data. The form-fillable ADS is available at US_ADS_Form_SB_14.

  • Do amendments have to be uploaded as a multi-doc?

    No. Individual sections of an amendment may be submitted as separate, individual PDFs.

  • Does the application data sheet (ADS) meet the requirement for a provisional cover sheet?

    Yes. The ADS (SB 14) may be submitted as the provisional cover sheet. See 37 CFR 1.53(c)(1).

  • If I have problems with completing a USPTO Fillable Form, what are my options?

    The fillable forms are provided for your convenience, however they are not required. You may scan and attach a completed non-fillable form in EFS-Web.

  • If we submit an application on day one including a specfication with handwritten notes on it, can the specification with handwritten notes be removed from PAIR, and can we prevent the specification with the handwritten notes from being published?

    As the specification with handwritten notes is part of the application, it will be viewable in PAIR. An applicant can submit a preliminary amendment on the same day, day one, wherein the preliminary amendment would include a substitute specification. The substitute specification, not the specification with handwritten notes will be published. In the alternative, an applicant may submit a completely new application on the same day (day one) along with a new set of fees, wherein the new application would include a specification without the handwritten notes. The applicant would then expressly abandon the original application, including the specification containing the handwritten notes.

  • Do I need to download USPTO software onto my computer to use EFS-Web?

    No. EFS-Web is a web-based tool. All you require is Internet access of at least 56 Kbps and a standard operating system that is compatible with EFS-Web. You must have Adobe Acrobat Reader 7.0.8 or 7.0.9 ONLY to use the latest version of the fillable forms.

    >> Download free Adobe Acrobat Reader 7+

  • What software do I need to use USPTO's fillable PDF forms?

    Adobe Acrobat Reader 7.0.8 or 7.0.9 ONLY is required to use the EFS fillable forms. Other USPTO fillable forms not designed for EFS can be filled and saved only with Adobe Acrobat Professional, version 6 or higher.

  • What types of PDF creation software can I use to produce the PDF files that will be accepted by the USPTO?

    The most common versions of commercial PDF creation software will be accepted by EFS-Web:

    • ABXPDF Writer (no configuration required)
    • Adobe
    • Open Office (Freeware)
    • Easy Office (Ad ware)
    • Cute PDF (Freeware)
    • PDF Redirect (Freeware)
    • PDF 995 (Ad ware)
    • Primo PDF (Freeware)

    USPTO supports PDF standards versions 1.1 to 1.6, and Adobe Acrobat Reader 7.0.8 or 7.0.9 ONLY to use EFS Fillable forms. A detailed listing of PDF guidelines may be found at the EFS Forms page.

  • How do I determine the page ranges for each section of a multi-doc file?

    You can determine the page ranges by opening the file and noting where each section starts and where it ends.

  • What are the differences between the out-of-the-box Adobe PDF job options file and the USPTO provided job options file?

    The USPTO JobOptions file sets the Adobe creation tool to USPTO specifications in regard to size of the document, embedding the font and DPI (resolution).

  • Is a "Certificate of Transmission" on EFS-Web the equivalent of a "Certificate of Mailing" when paper filing?

    "Patent application correspondence filed after the initial application filing (i.e. follow-on correspondence) will receive an official filing date as the date the follow-on correspondence is received at USPTO. However, follow-on correspondence required to be filed within a set time period will be considered timely if the correspondence is officially submitted through EFS-Web prior to the expiration of the set time period and the correspondence includes a certificate for each piece of correspondence stating the local date of submission. Normal certificate of mailing procedures do not apply to new applications (37 CFR 1.8(a)(2)(i)(A) and (D)). "

  • Where are the fillable forms located on the USPTO website?

    They are located on the forms page

  • What is the average file size of a PDF file?

    The size varies based on the PDF creation tool used, whether the PDF is text-based or image-based, and the number of pages in the document.

  • What should an applicant do if the application was mistakenly filed without a document or an item through EFS-Web?

    An applicant may correct an error by filing a missing item(s) on the same day as the submission date of the application to avoid surcharges.

  • How can I resolve a validation error with my attached PDF file?

    • Remove the PDF file;
    • Correct the problem identified in the error message;
    • Save the PDF file;
    • Attach it in EFS-Web; and
    • Validate it again.
  • May I submit with warning messages?

    Yes.

  • If I file the wrong specification with a patent application, is there a way for me to address the problem on the same day?

    Yes, please refer to the legal framework located at http://www.uspto.gov/ebc/portal/efs/legal.htm for more information.

  • Will my USPTO Fillable Form automatically load my data if I use special characters?

    All data will be uploaded into USPTO systems including special characters. The Title of Invention and all Inventor Name fields are the only fields that allow the entry of special characters such as œ,

  • Can I submit correspondence via EFS-Web if I receive a warning?

    Yes. However, you may not submit correspondence via EFS-Web if you receive an error.

  • How do I obtain my lost digital certificate?

    If you have lost your digital certificate or can no longer access EFS-Web using your current certificate, please contact the EBC by phone at 866-217-9197 or by E-mail at EBC@uspto.gov.

  • Does making a document indexing error affect a legal filing date in any way?

    Document indexing mistakes do not affect the legal filing date, but may result in processing delays. If you have any document indexing questions, please contact the EBC at 866-217-9197.

  • What happens if I forget to index a document?

    If you forget to index a document, a message will be displayed on the screen indicating that a document description must be chosen for each attached file> You will not be able to continue with your submission until document descriptions are selected for each attached file. However, if you incorrectly index a document, the error will be corrected by USPTO personnel. You may also contact the EBC to notify them of the indexing error to expedite the document being correct indexed.

    Contact the EBC:
    1-866-217-9197 (toll-free)
    or 571-272-4100 (local)
    ebc@uspto.gov

  • What is an "indexing mistake?"

    An indexing mistake is providing an incorrect document description for a particular file. Misindexing your documents may potentially delay processing of your application.

  • What is the proper way to index a Power of Attorney document?

    Index as "Power of Attorney".

  • If I file an Amendment and have to attach a marked-up specification and a clean version, how do I index the specification?

    The clean version of the specification should be indexed as a "Specification, while the marked-up version of the specification should both be indexed as "Applicants Arguments or Remarks Made in an Amendment."

  • How do I index a 37 CFR 1.131 or 1.132 affidavit or declaration?

    Index your affidavit or declaration as "Rule 130, 131 or 132 Affidavits".

  • How do I index a Preliminary Amendment that is filed with an RCE?

    Index a Preliminary Amendment by selecting: "Preliminary Amendment" for the Preliminary Amendment coversheet/transmittal letter; the description for the application part amended; and "Applicant Arguments/Remarks Made in an Amendment". In addition, the appropriate RCE form should be submitted.

  • How do I index the Statement Under 3.73(b)?

    This statement should be indexed as "Assignee showing of ownership per 37 CFR 3.73(b)".

  • When I index an Amendment, how do I index the coversheet and subsequent correspondence?

    Each document included in the Amendment transmittal must be indexed according to the appropriate document description in EFS-Web. A typical Amendment will include:

    An Amendment transmittal document. This is the first document (i.e., coversheet) discussing the type of amendment being filed:

    • Amendment after Final
    • Amendment after Non-Final
    • Amendment after Notice of Allowance (Rule 312)
    • Preliminary Amendment

    Application Parts (if they exist):

    • Abstract
    • Claims
    • Drawings
    • Specification

    Arguments/Remarks:

    • Applicant Arguments or Remarks Made in an Amendment
  • How do I index a combined Declaration and Power of Attorney?

    It should be indexed as "Oath or Declaration filed".

  • How should I index a utility transmittal with an initial application filing?

    The correct document description for a utility transmittal is "Transmittal of New Application".

  • What is the proper category/document description for the Authorization to Act in a Representative Capacity Form SB 84?

    Use category "Change Requests" and document description" Power of Attorney".

  • How do I index Transmittal Letters for follow-on submissions?

    Index the document according to the type of submission (e.g., 'Amendment After Final').

  • Can indexing be automated?

    At this time, No.

  • How do I index the document indicating change of entity status?

    This document should be indexed as "Miscellaneous Incoming Letter".

  • If I were to submit a courtesy copy of a postcard receipt or a previously filed document (e.g., an IDS) to the Examiner, what should the document description be in the pull-down menu?

    The courtesy copy should be filed as the correct document description but COPY should be marked on the document. However, we recommend that you do not submit a courtesy copy.

  • How do I index drawings?

    The document description to select is "Drawings".

  • Do I need to include a cover sheet when filing a Provisional Application via EFS-Web?

    You must either include a Provisional Cover Sheet or an Application Data Sheet form that meets the requirements of Rule (37 CFR 1.51(c)).

  • Is it better to submit just one multi-doc PDF file or to submit separate PDF files?

    This is entirely up to the user. Each method is equally effective.

  • If I e-file an amendment and do not break up the documents, would it be accepted?

    You are able to submit your documents without splitting them up. However, we recommend that you do separate them to expedite processing on USPTO's side.

  • Do I have to attach a specification for a new utility submission?

    No, but not including a PDF file with a document description of "specification" will lead to a delay in the processing of your application.

  • What are the rules for naming PDF files for submission?

    File naming conventions:

    EXAMPLE: Filename.pdf, Filename.txt or Filename.zip

    1. Start file name with [ A thru Z, a thru z, or 0 thru 9 ] - do not use brackets or commas; cannot start a file name with an underscore or hyphen
    2. Last 4 characters of the file name must be lowercase .pdf,

      Example: .pdf, .txt or .zip
    3. Can consist of any combination* of characters selected from uppercase alphabet, lowercase alphabet and/or digits zero through nine:

      [A thru Z, a thru z, or 0 thru 9, _, - ] - do not use brackets, commas or symbols; can use underscore or hyphen within file name

      * any combination except the following reserved device names: CON, PRN, AUX, NUI, COM1, COM2, COM3, COM4, COM6, COM7, COM8, COM9, LPT1, LPT2, LPT3, LPT4, LPT5, LPT6, LPT7, LPT8, LPT9, or CLOCK$. You should also avoid starting a file name with any of these prohibited device names.
    4. No spaces are permitted in the actual file name
    5. Spaces are permitted in your local file path
    6. Length of file name is limited to a maximum of 100 characters including the required 4 character .pdf, .txt, .zip file extension

      EXAMPLE: VALID FILE NAMES:

      Up_to_96-Alphabetic_or_Numeric_CharactersPlus.pdf

      RUNonlettersorNUMBERS.txt

      123-12333_z.zip

      EXAMPLE: INVALID FILE NAMES (ERRORS):

      Over100charactersplusx.pdf (exceeds total 100 character limit)

      Name.PDF (ends in .PDF - must be .pdf)

      Any space.txt (cannot have a space in the file name)

      ~@#$%^&*()+=]}[{"':;?/>.<,.zip (contains invalid characters within file name)
  • I want to include an Information Disclosure Statement (IDS) and/or Application Data Sheet (ADS) with my new application, but the IDS or ADS form indicates that I should enter an application number. What should I do?

    If your application has not yet been assigned an application number; leave the application number field blank on the IDS/ADS form.

  • Do I have to use transmittals for new applications or amendments?

    With the exception of Provisional patent applications, transmittals are not required but are recommended for new applications and amendments.

  • Will the fillable form adjust font size for long names and/or titles?

    No, the fillable form will not adjust the font size.

  • What file format should I use to submit a declaration via EFS-Web?

    Like other documents, the declaration should be submitted through EFS-Web as a PDF file. The appropriate document description for a declaration is "Oath or Declaration filed".

  • Are Divisional and Continuation Patent Applications only designated on the Application Data Sheet? Will this appear on the acknowledgment receipt?

    Continuation of divisional patent applications can be designated in the specification or the Application Data Sheet. This continuity information will not be present on the acknowledgement receipt.

  • Am I able to use the "multiple document" option when filing a PCT?

    Yes, you can either file some or all of your PCT application papers as multi-doc PDF files.

  • How should an international search report (ISR) filed with a 371 application be indexed?

    Index the ISR as "Documents Submitted with 371 Applications".

  • Are PCT documents indexed in the same manner as US documents?

    Yes, the only difference is that there is a PCT category to index the PCT documents under.

  • Can I use PCT-SAFE (not in PCT-EASY mode) for filing PCT applications via EFS-Web?

    No. The "fully electronic" filing functionality of PCT-SAFE is disabled where the U.S. is selected as the Receiving Office. EFS-Web will only allow submission of the PCT-EASY .zip file created by PCT-SAFE when operated in PCT-EASY mode. (When a resident and/or national of the US files a PCT application in the United States Receiving Office, and Applicant includes the .zip file containing the PCT Request and the Abstract, using the PCT-SAFE software, then the Applicant is entitled to a $155 reduced international filing fee for filing in both EFS Web and using the PCT-Safe software.) PCT-SAFE when operated in PCT-EASY mode creates a validated Fee Calculation Sheet and a PCT Request which will entitle you to a 200 Swiss franc reduction of the international filing fee. All other documents or application parts (e.g., description, claims, drawings and abstract) must be separately prepared and attached as PDF documents. (This discount would only apply if applicant was using the IB as the Receiving Office.) If you choose not to use PCT-SAFE to create the Request and Fee Calculation Sheet, you can use the conventional Request (Form PCT/RO/101) and attach it as a PDF document in the same way all other documents or application parts are attached (e.g., description, claims, drawings and abstract).

  • How do I pay for a PCT submission?

    Applicants may pay the international application fees online by credit card, deposit account authorization, or electronic funds transfer using the fee payment functionality of EFS-Web, or by including in the EFS-Web submission a signed RO/101 Annex (Fee Sheet) containing authorization to charge fees to a deposit account. Payment may also be mailed, hand delivered, or sent via facsimile (except for payment of the U.S. basic national fee necessary to enter the US national stage, as specified in 37 CFR 1.495(b), which may NOT be submitted by facsimile. See 37 CFR 1.6(d)(3)). See PCT Legal Administration for further information.

  • If I am using PCT-SAFE for EFS-Web Filing, what happens to the additional files that PCT-SAFE generates?

    EFS-Web only extracts the Request Form and the Fee Sheet. The other files within the PCT-EASY zip file are not loaded into EFS-Web.

  • How do I pay the fee for preparation of the certified copy of the priority document by the RO/US in my PCT application?

    You may pay the priority document fee by submitting the fee calculation sheet and authorizing payment by deposit account. You may also fax or mail the fee calculation sheet and Form PTO-2038 if paying by credit card. Do NOT attach Form PTO-2038 to your EFS-Web submission. Of course you can also pay by check via mail.

  • What will be done with the Fee Sheet in a PCT Application considering the fees will be deducted from my deposit account during the filing process?

    The RO/101 Annex (Fee Sheet) is retained in the application file. If the fees paid online are insufficient and the Fee Sheet includes proper authorization to charge fees to a specified deposit account, the Fee Sheet will be used to charge the deposit account to the extent authorized therein.

  • Are there fee reductions for using EFS-Web to file a PCT Application?

    The international filing fee is reduced by 100 Swiss francs for filing through EFS-Web, and 200 Swiss francs if a PCT-EASY .zip file and EFS-Web are used.

    As of October 23, 2006:

    100 Swiss francs = $78.00
    200 Swiss francs = $155.00

  • Since I am submitting the PCT-EASY .zip file to EFS-Web, do I still need to provide a copy of the Request, fee calculation sheet and abstract in PDF format?

    You do NOT need to separately submit a copy of the Request and fee calculation sheet in PDF format because these are contained in the PCT-EASY .zip file in PDF format as shown below.

    Fee Calculation Sheet (RO/101 Annex): Fees.pdf
    PCT Request (RO/101): Pct101.pdf

    See "How do I submit a signed copy ..." regarding submission of a signed Request and fee calculation sheet. While the abstract will be contained as a .txt file in the .zip file, EFS-Web does not extract the abstract from the .zip file. You DO need to file the abstract as a separate PDF file. Note that there are other files in the .zip, but the Fees.pdf and Pct101.pdf files are the only two extracted and loaded into the Image File Wrapper (IFW). However, the other files are used by the International Bureau and US Receiving Office for automated data entry and therefore should be present. As long as you use PCT-EASY to create the .zip, then the necessary files will be there. You cannot upload any other .zip and EFS-Web verifies this by pulling out the two above stated PDF files. EFS-Web will confirm and display that the fees.pdf and the pct101.pdf files have been extracted from the zip file.

  • How do I submit a signed copy of my Request form when I electronically file my International Application in the US Receiving Office using the PCT-EASY mode of PCT-SAFE and EFS-Web?

    On November 24, 2006, the World Intellectual Property Organization (WIPO) released a version of the PCT-SAFE client software (version 3.51.015.190) that allows users to create and electronically sign using an S-signature the PCT Request Form and the Declaration of Inventorship for the purposes of filing via EFS-Web with RO/US. It is available for download at the WIPO website:

    http://www.wipo.int/pct-safe/en/support/download_client.htm

    A user guide for creating a PCT-EASY .zip file can be found at the following website:

    http://www.wipo.int/pct-safe/en/support/user_documentation.htm

    Please click on the following link for a guide to using PCT EASY for filing with USPTO via EFS-WEB :

    http://www.wipo.int/pct-safe/en/support/guides/doc/us_e_easy.doc

    Note: After applicant clicks on the "SIGN" button, a PDF image of the request will appear. Applicant can not sign directly on the PDF form. Instead, the applicant will need to click on the "CONTINUE" button at the bottom of the page. A box will open up that will allow the signature to be affixed to the request form. If applicant leaves out the required forward slashes, the program will provide them. Please contact the World Intellectual Property Organization at www.wipo.org for any other questions about PCT-EASY.

  • What are the required documents for a PCT application?

    Please see PCT Tutorials.

  • How do I file a combined Declaration and Power of Attorney?

    It should be indexed as "Oath or Declaration filed".

  • In the "Calculate Fee Screen" of EFS-Web, is there an option for "Small Entity Status" to reduce the fees applied?

    Yes, this option is provided in the "Calculate Fee Screen" of EFS-Web.

  • Once a PDF file is attached, can I make changes to it?

    No, PDF files (other than the fillable forms) are not editable. To make changes to an attached PDF File, you must:

    1. Remove the attached PDF file(s) from EFS-Web;
    2. Open the original editable file and make any necessary changes;
    3. Convert the file to PDF; and
    4. Re-attach the file in EFS-Web.
  • Am I able to pay fees for multiple advanced copies of the patent?

    Yes. The option to pay for multiple patent copies is available on the "Calculate Fees" screen in EFS-Web under "Miscellaneous Patent Fees".

  • Will EFS-Web automatically recognize when an application exceeds 100 pages and calculate fees properly?

    No, the applicant is required to enter in the number of pages in their application. There is a page fee discount of 25%. See 37 CFR 1.52(f)(2).

  • The first named inventor in my application has only one name. What should I do?

    If the inventor has only one name, enter a period into one of the name fields.

  • How should you file electronically and specify more than one inventor?

    If you have more than one inventor, then you will need to submit a Declaration form that allows for multiple inventor entries using the USPTO fillable form (SB02) or your own. In addition, you can submit the ADS (Application Data Sheet) PDF Fillable Form that will allow you to list multiple inventors, but the Declaration / Oath is the official record.

  • Once I file an application with EFS-Web, do I also have to file subsequent documents with EFS-Web? If I originally filed by paper, can I use EFS-Web to submit follow-on documents?

    You may choose to file by paper or with EFS-Web at any time during the application process. The method of filing the initial application does not determine the method for filing any subsequent documents.

  • Is it acceptable to file references in CD form instead of paper copy?

    Currently, there are no provisions for filing references on CD.

  • Can Assignments be filed via EFS-Web?

    Not at this time. To file an Assignment please use our EPAS (Electronic Patent Assignment System) syste, which can be accessed through: http://epas.uspto.gov .

  • May I file a new application without an oath or declaration and pay the surcharge under 37 CFR 1.16(f) at that time?

    Yes, an applicant may prepay the surcharge for a late filing of oath or declaration.

  • Can I send pictures of a prototype instead of submit drawings?

    Drawings and photographs submitted in EFS-Web in application types other than design applications must be in bi-tonal black and white only.

  • Can I file assignments online?

    Yes, you can file your assignments online through the Electronic Patent Assignment System (EPAS) at: http://epas.uspto.gov/.

  • What is the process for completing a fillable form?

    Download the fillable form and then save it to your hard drive. Next, enter the data, save the form, and then attach, upload, and submit the form in EFS-Web.

  • What do I need to do to request that the USPTO electronically obtain a free copy of my JPO priority application through the priority document exchange program (PDX)?

    PDX was deployed on July 28, 2007 between the USPTO and JPO. Accordingly, when an application is filed under 35 USC 111(a) on or after July 28, 2007, that includes a priority claim to a JPO application in an oath or declaration or in an Application Data Sheet (ADS), the USPTO will automatically attempt to retrieve an electronic copy of the JPO priority document through PDX.

  • Can I file Continuation-in-Part, Continuation, and Divisional applications electronically?

    Yes, Continuation-in-Part, Continuation, and Divisional applications must be filed as new applications.

  • How can a Registered user upload pending applications and have another user review and submit?

    A registered user can save an application. Another user can then log-in on behalf of the registered user, review the saved application and submit at the direction and under the control of the registered user.

  • What is displayed on the fee screen when submitting PG-Pubs that has no fees associated to it?

    "$0" is displayed. The user then clicks "Continue" and is taken directly to the screen where "Submit" needs to be pressed for the documents to be sent to the USPTO.

  • What happens if a name exceeds the field limit?

    The first and last name fields accept up to 50 characters. If a first or last name requires more than 50 characters, enter the first 50 characters.

  • If individuals only have one name, how do they decide if it is the first or last name?

    Enter the individual's name in the First Name field, and enter a period into the Last Name field. This will allow EFS-Web to validate the information entered.

  • If I file a continuation, can I upload a declaration from the parent case that is already in PAIR?

    "Yes, a continuation or divisional application filed under 37 CFR 1.53(b) (other than a continuation-in-part (CIP)) may be filed with a copy of the oath or declaration from the prior nonprovisional application. See 37 CFR 1.63(d)(1)(iv). A copy of the oath or declaration from a prior nonprovisional application may be filed in a continuation or divisional application even if the specification for the continuation or divisional application is different from that of the prior application, in that revisions have been made to clarify the text to incorporate amendments made in the prior application, or to make other changes provided the changes do not constitute new matter relative to the prior application. See 37 CFR 1.52(c)(3). See MPEP 602.05(a)."

  • How should I file electronically and specify more than one inventor?

    You may attach an Application Data Sheet (ADS) form, which may include bibliographic data about multiple inventors.

  • Can a Notice of Appeal be filed via EFS-Web?

    Yes. This document should be labeled and indexed as "Notice of Appeal".

  • Can I file an Amendment along with my PG Pub submission?

    No. The Amendment should be filed as a separate paper in a separate follow-on submission. The PG Pub submission would include the Amendment incorporated therein.

  • Can I file through EFS-Web a response to "Notice to Comply" regarding sequence listings not filed in CRF format with original filing?

    Yes, you can file a sequence listing through EFS-Web in response to a Notice to Comply as a follow-on submission.

  • If I file a Notice of Appeal via EFS -Web, do I need to upload a form/document, or is just paying the fee sufficient?

    You must file the Notice of Appeal document in addition to paying the fee. See 37 CFR 41.31.

  • Does the pre-grant publication submission allow me to publish before 18 months?

    Yes. If you want your patent application to be published early, you can use the pre-grant publication submission type to request early publication.

  • How can I file a sequence listing?

    The use of PatentIn to generate a sequence listing is recommended. This sequence listing can then be submitted to the USPTO using EFS-Web. However, any ASCII text file that is compliant with 37 CFR 1.824 is also acceptable.

  • How do I embed fonts?

    The specific method for embedding fonts will vary based on the tool used to create the PDF. All PDF creation tools recommended by the USPTO allow you to embed the fonts when the PDF is created. Most PDF creation tools allow you to automatically embed the fonts in a PDF by default.

    If you would like to use or learn about the USPTO JobOptions file, please see EFS-Web Tools.

  • Can we file a provisional or utility patent application with color drawings via EFS-Web?

    You can only submit color drawings via EFS-Web for design applications.

  • Can I print out specific web pages during e-filing?

    EFS-Web does not include a built-in print function, but you can print the pages as they appear using your browser's print function.

  • Are application numbers available on saved submission packages?

    Application Numbers are not available on the Saved Submission Package list. The information provided is Date, EFS-ID, Title of Invention, Docket Number, First Named Inventor/Applicant Name.

  • I went back to a previous screen in EFS-Web, and made changes to my submission. Why did the information on the screen not update/save?

    If you went to a previous screen in EFS-Web using the Navigation tab, updated the information and did not click continue, that information will not be saved. The navigation tabs should be utilized to go back, and the continue button should be used to save and go forward.

  • Is the EFS-Web save option available on every screen?

    No. The Save option is only available on the 'Confirm and Submit' screen.

  • Can I view my saved submissions by customer number?

    Yes, Registered eFilers can view Saved Submission packages created for "NEW" application filings only. The customer number must be associated with the digital certificate and must have been chosen from the drop-down list on the application data screen.

    A Registered eFiler can go to "My Workplace", click on "Saved Submission Package" , Click "Saved Packages by Customer Number", choose a customer number from the drop-down, and all packages saved to that customer number will display in a table.

  • Where are my submissions being saved?

    The saved submissions are located on the USPTO's server. They are not considered as officially submitted to the USPTO until you reopen the saved submission and click the "Submit" button. If a saved submission is not submitted to the USPTO within 7 days of it's original save date, it will be deleted from the server.

  • How do I find/review saved documents? Where are they saved?

    You may find these applications under "My Workplace" on the initial screen of EFS-Web. My Workplace is only available for registered users.

  • How many EFS-Web applications may I save at a time?

    Forty (40), and each saved application will be saved for up to 7 calendar days.

  • Can I save my "Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent" submission on the server?

    No, this feature is not available for this type of submission.

  • Will the Electronic Business Center (EBC) be able to see saved documents/submissions?

    No, only the person/certificate holder who saved the document/submission can see it.

  • If you save a submission, can it be used again for a separate filing so that information does not have to be re-entered?

    No. Once you have created and saved a submission, only 2 things can occur. First, the application can be submitted, at which point it will no longer be available as a saved submission. Second, if 7 days have passed since it was originally saved, it will be deleted from the saved submission list.

  • Can I save a PDF Fillable Form?

    You can save a PDF fillable form to your computer. As a registered efiler, you will also have a "Save for Later Submission" feature in EFS-Web that allows you to save your documents for up to seven calendar days prior to submission.

  • Can I access the "save" feature as an unregistered user?

    No. You must be a registered user to use the "save " feature and save your application.

  • Can the "Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent" form be used just to change entity status?

    No. For entity status changes only, please send a separate document.

  • How do I pay fees for a follow-on submission if I do not have any files to attach?

    If you do not need to attach any documents but need to pay fees, you may select the link for "Calculate Fees" to skip the "Attach Documents" screen.

  • Will the "Petition Grant" letter be available in PAIR for the auto-granted petitions?

    Yes, the "Petition Grant" letter will be available in PAIR on the second page of the acknowledgement receipt. Current auto-grantable petitions include the Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent and the Petition to Make Special Based on Age.

  • How are sequence listings submitted via EFS-Web?

    Sequence listings must be in the form of an ASCII text file, which you can attach and submit via EFS-Web by using the "Sequence Listing (Text File)" document description under the category "Application Part".

  • Can I email the electronic acknowledgement receipt?

    EFS-Web gives you the option, on the "Pre-Acknowledgement Receipt" screen and the "Acknowledgement Receipt" screens, to email information about the submitted application or follow-on documents. You won't be able to email the PDF version of the receipt using the "E-Mail Receipt Info" link, but you will have an email auto-populated with the application number and date submitted which can be sent to anyone of your choosing.

    An email client is required to be configured for use with the browser for the "E-Mail Receipt Info" link to work.

  • In which cases can the "Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent" form be used?

    This form can be used to reinstate a patent when the petitioner submits it (along with appropriate fees) within twenty-four (24) months after the six (6) month grace period provided in 37 CFR 1.362(e). The form cannot be used to pay successive missed payments, e.g. if the applicant did not pay the 4-year and the 8-year maintenance fee.

  • Do I need a customer number to file a patent application via EFS-Web?

    A customer number is not required to file a patent application using EFS-Web. A correspondence address may be provided in lieu of a customer number, however applications that are not filed using a customer number cannot be viewed in Private PAIR.

  • Do I need a new/different Digital Certificate for EFS-Web (users of old EFS or old Private PAIR)?

    No. You will use the same Digital Certficate and password that you currently use for Private Pair and the present EFS system.

  • Can I submit files in formats other than PDF using EFS-Web?

    EFS-Web accepts PDF, ASCII text, and PCT-Easy Zip files only.

  • Does EFS-Web provide an option to print my acknowledgement receipt?

    Yes. When you complete your EFS-Web submission, a print icon will be displayed on the screen by which you can print the acknowledgement receipt for your application.

  • Can I file via EFS-Web as an unregistered user and later become registered and have the benefits of registered at that point?

    Yes, you can become a registered user at any time by following the steps located on the USPTO website under customer number.

  • What happens if the title entered into EFS-Web and the title on the ADS is different?

    The title entered into the ADS will take precedence.

  • For a new application, if no inventor names are known, can the application be filed without naming any inventors?

    No. All patent applications filed via EFS-Web must include at least one named inventor.

  • Can I submit a customer number upload spreadsheet via EFS-Web?

    "No. Customer number upload spreadsheets should be submitted on CD or USB memory stick by mail to:

    USPTO Mail Stop EBC
    P.O. Box 1450
    Alexandria, VA 22313"

  • Can individual sections of a multi-doc be assembled in any order?

    Yes, and the order that you submit the multi-doc does not impact the way the application is displayed in PAIR.

  • How do I file continuation, continuation-in-part (CIP), and divisional applications via EFS-Web?

    These applications are considered new applications. However, specific continuity data should be stated in the Application Data Sheet (ADS) or in the first line of the specification.

  • What types of filings cannot be filed in EFS-Web if there is an online fee payment outage?

    When the online fee payment in EFS-Web is unavailable, the following types of submissions cannot be filed in EFS-Web, since online fee payment must accompany the submission:
    - Petition under 37 CFR 1.378(c) for auto-processing by EFS-Web; and
    - Pre-Grant Publication under 37 CFR 1.211 to 1.221 that require a fee.

  • Does the specification need to be attached as having multiple parts?

    No. The multi-doc funtion is provided for your convenience. The specification may also be attached as a single PDF.

  • Is a statement required verifying that the computer readable format (CRF) and paper copy of a sequence listing are the same?

    If a sequence listing text file submitted via EFS-Web complies with the requirements of 37 CFR 1.824, the filer need not submit i) any additional copies of the sequence listing pursuant to 37 CFR 1.821(e) nor ii) the statement described in 37 CFR 1.821(f).

  • Do I have to include a copy of the notice to file missing parts when electronically submitting the missing parts?

    No, a copy of the Notice is not required if filing through EFS-Web.

  • Can I delete attached documents prior to Upload & Validate?

    Yes, after attaching documents, and prior to Uploading and Validating, you can delete an unwanted row by clicking the "Delete" button at the end of the row. This will remove the unwanted file and the file will not be uploaded and validated along with the rest of the attachments.

  • What qualifications do I need to become a registered user?

    You must be an attorney, agent, or pro se filer to file as a registered user. You must also obtain a digital certificate from the Electronic Business Center (EBC). For EBC contact information, please visit http://www.uspto.gov/ebc/ebc_help.htm.

  • May a USPTO PKI certificate be used by an employee of the certificate holder if the employee is a US citizen and is located within the US, but is not co-located with the certificate holder (i.e., is located in another state)?

    Yes, a USPTO certificate may be used by an employee who is a US citizen and who is located within the US, but who is not co-located with the certificate holder as long as the employee is actually acting at the direction and under the control of the certificate holder as is required by the United States Patent and Trademark Office Public Key Infrastructure Subscriber Agreement.

  • May the "designated employee" in the United States Patent and Trademark Office Public Key Infrastructure Subscriber Agreement include a person who is not employed by a certificate holder's organization, such as a person who is employed by a third party with which the certificate holder's organization contracts for paralegal services?

    No. The "designated employee" in the United States Patent and Trademark Office Public Key Infrastructure Subscriber Agreement must be an employee of the certificate holder's organization. Thus, the person cannot be employed by a third party providing services to the certificate holder's organization, a person contracting to provide services to the certificate holder's organization, or a person contracting to provide services to the certificate holders. If the person using the PKI certificate (user) is not actually an employee of the certificate holder's organization, the user is not under the control of the certificate holder. Further, interpreting the term "designated employee" to include a non-employee is not only inconsistent with the common meaning of the word "employee", but also gives the certificate holder the ability to deny knowing what is occurring. In addition, if the user is not an employee, the certificate holder may have no way of knowing if the user is an alien or person in a foreign country. Accordingly, export control issues also mandate that the answer to this question is "no".

  • How long is the period of inactivity before users will automatically timeout?

    After one hour of inactivity, users will be asked if they would like to extend their session. If no action is taken, the user will time out of the session and lose any unsaved information.

  • Is there a way to find out online when an action has been taken on my application by the USPTO?

    Yes, Private PAIR, will display the current status and the complete transaction history of an application, which will allow you to determine when the USPTO acts upon the application. If your application has been published, this information will also be available in Public PAIR.

  • Is there a certificate of transmission to reflect submitting through EFS-Web?

    Yes, certificate of transmission practice has been extended to EFS-Web filings. See 37 CFR 1.8(a).

  • How long after applying does it take to receive a digital certificate?

    The EBC will issue a digital certificate within 3-4 days of receiving your Certificate Action Form.

  • If an application is completed via EFS-Web on a Sunday, will it receive a filing date as of that Sunday? What happens in the event of a national holiday?

    If your application is complete, you will receive the filing date of the day you file, regardless of whether or not it is a Saturday, Sunday or national holiday.

  • Will the electronic time and date stamp reflect the time zone I file in when filing a new application through EFS-Web?

    No. The filing date will be calculated based on the time of receipt in the Eastern Time zone.

  • How long can I save a submission?

    Registered users' submissions can be saved for up to seven (7) days. After seven days, saved files will be deleted from the EFS server.

  • When will the examiner know that an application with an auto-granted petition has been granted "special" status?

    USPTO systems will be updated the same day that the petition is processed and granted. The examiner's docket report (that lists pending applications before the examiner) will be updated to indicate that the application is "special" with the next report that is made available to the examiner.

  • Can I resave my application and extend my save time?

    Once you begin an application in EFS-Web and save, you have 7 business days to submit the application or you will have to resubmit.

  • Will I always get a filing date and application number for new applications?

    You will receive an application number and receipt date upon submission of a new application.

  • How many applications may I save at a time?

    Forty (40), but each saved application will be saved for up to seven days.

  • Will my digital certficate ever expire?

    Your digital certificate has a lifetime of approximately 25 months from the date of creation or recovery which is proceeded by an automatic update as long as the certificate is used at least once every 6 months. The check, request and update action starts occuring approximately 100 days before the certificate expires. In addition, if you maintain multiple copies of your certificate, the certificate that is used at the time of your digital certificate renewal will be updated by our server and all other copies will be rendered inactive. If the digital certificate expires due to inactivity, the certificate will need to be recovered either by using 'self-recovery' codes or by contacting the EBC for recovery assistance.

    Contact EBC:
    1-866-217-9197 (toll-free)
    571-272-4100 (local)
    ebc@uspto.gov

  • How long after submitting an application for a customer number can I expect to receive a customer number? How will it be communicated?

    The EBC will mail correspondence indicating your customer number within 3-4 days of receiving your customer number request.

  • Is USPTO Direct a supported software?

    Since Private PAIR is integrated with the USPTO Portal as ofFebruary of 2006, there is no longer a need for USPTO Direct.

  • Is ABX/ePAVE still available to use?

    Support of EFS/ABX & ePAVE was discontinued as of November 10, 2006. However, ABX is still accepted.

  • How long does it take to submit an application via EFS-Web?

    The time involved will depend upon the speed of your Internet connection and the size of the PDF files you are submitting. However, filing in EFS-Web has significant time improvements over the previous electronic filing systems. PASAT and ABX took a significant amount of time to transmit complex XML documents over the Internet, unlike EFS-Web which transmits common PDF file attachments to USPTO.

  • How long will it take to be able to view documents I've submitted electronically in Private PAIR?

    New applications generally will be available for viewing within an hour of the time from which they are filed.

  • I've submitted my application via EFS-Web, however, I did not receive an acknowledgement receipt. What should I do?

    Do not resubmit your application. Please contact the Patent Electronic Business Center at 866-217-9197.

  • Who do I contact for help with filing a reissue using EFS-Web?

    For questions on filing a reissue using EFS-Web, please contact the Electronic Business Center at 1-866-217-9197.

  • What happens if I get disconnected or my system goes down during submission?

    If you are a registered user, you may go back into EFS-Web under 'My Workplace' to view your last 20 submissions. If you see your submission but cannot open a hyperlink to it, it has been received. You should have access to that application via a hyperlinked receipt in approximately four hours. If you do not see your submission under 'My Workplace' anywhere, do not resubmit your application. Please contact the Electronic Business Center at 866-217-9197.

  • Why do I receive a warning about registration status?

    To practice in Patent Cases before the USPTO, your status must be considered "Active". A person in "inactive" status is not authorized to represent others before the Office in patent cases or otherwise engage in the practice before the Office in patent case. If you receive the warning about "Inactive" practitioner registration status, please contact the Office of Enrollment and Discipline (571-272-4097) to resolve the matter.

  • How do I obtain my confirmation number when submitting a PCT Application?

    If filing through EFS-Web:

    Your confirmation number will be displayed on your acknowledgment receipt.

    If filing on paper:

    Contact the PCT Helpdesk by phone at (571) 272-4300

    or

    Contact the Patent Electronic Business Center by phone at: 1-866-217-9197 (toll free) or 571-272-4100 (local)

  • When trying to sign on as a Registered User, what should I do if I click on 'Browse' to locate my .epf file and nothing happens?

    This is an indication that you do not have a supported version of JAVA installed or enabled properly on your computer. Please refer to our JAVA Instructions for more information or call the Patent EBC at 866-217-9197 for assistance.

  • Where can I fax the RO/101 Annex form?

    PCT Operations: (571) 273-3201

  • Can unregistered filers file follow-on documents (e.g. responses or amendments) to Office Actions?

    You must be a registered filer to file follow-on documents.

  • What is the maximum number of users that can use one digital certificate?

    According to the subscriber agreement, you may only share your digital certificate with one other person acting at your discretion and under your control. You would provide this person a copy of your .epf file as well as your password.

  • Can I file a document signed by a different attorney than the one who hold's the digital certificate?

    A practitioner or a paralegal acting under the direction and control of the practitioner may, as a general rule, file documents signed by either the practitioner exercising the direction and control or another practitioner via EFS. Filing of a document that is unauthorized to be filed via EFS, e.g. a protest, is inconsistent with the subscriber agreement. Thus, the certificate holder and paralegal acting under the direction and control of a registered attorney (or agent) must make sure that documents being submitted are authorized to be filed via EFS, regardless of whether the document is signed by the practitioner exercising the direction and control or another practitioner.

  • Can an attorney have more than one digital certificate?

    No.

  • Can a paralegal obtain a digital certificate?

    No. Not at this time. A paralegal can work on the behalf of a certificate holder.

  • How do I share my digital certificate?

    According to the subscriber agreement, you may only share your digital certificate with one other person acting at your discretion and under your control. You would provide this person a copy of your .epf file as well as your password.

  • Can three or more attorneys share a digital certificate?

    No. According to the subscriber agreement, only two people may share a digital certificate. The certificate holder may designate an employee who may use the USPTO certificates at the direction of the certificate holder. The designated employee may, acting at the direction and under the control of the certificate holder, file a patent application or follow-on documents.

  • When I save my submission in EFS Web, can another computer be used to review the application prior to filing?

    You may have someone log in using your digital certificate on a different computer and review your application. This must be done according to the subscriber agreement. The application may be retrieved by going to My Workplace and selecting the saved application.

  • Can I share my saved submission files with others?

    Saved submissions are tied to the user's digital certificate. To share a saved submission, you would have to share your digital certificate (.epf file and password). You may share your digital certificate as defined in the subscriber agreement. You can only save submissions if you are a registered user. Also, two certificates cannot share the same submission.

  • Who can file documents using EFS-Web?

    Both Registered and Unregistered users are able to file. The major difference is that Registered users (i.e., those holding a digital certificate or working under the direction of a digital certificate holder) are able to view documents on Private PAIR after they file, while Unregistered users cannot. In addition, Registered users are able to file documents and/or fees associated with previously filed patent applications, Pre-grant publications, and Petitions under 37 CFR 1.378(c).

  • Can paralegals and others who are not digital certificate holders file patent applications on behalf of the certificate holder using EFS-Web?

    Yes. Legal personnel working under the direction and control of a digital certificate holder may file as long as they provide their names and e-mail addresses.

  • How do I get PCT-SAFE?

    Visit the WIPO website, and you can download it for free.

  • What will be done with the fee sheet in a PCT-Easy zip file when I pay the fees online?

    If the required fees were paid online, the fee sheet from the zip file will be placed in the application file and will be forwarded to the International Bureau (IB). If the fees paid online are insufficient and the fee sheet includes proper authorization to charge fees to a specified deposit account, the Fee Sheet will be used to charge the deposit account to the extent authorized therein.

  • Can I use PCT-SAFE in its full operational mode to prepare my entire international application in electronic form and to file it via secure on-line transmission with the United States Receiving Office (RO/US)?

    No. EFS-Web will only allow submission of the PCT-EASY .zip file created by PCT-SAFE when operated in the PCT-EASY mode. The PCT-EASY .zip file will contain the Request and fee calculation sheet in PDF format. All other documents or application parts (e.g. description, claims, drawings and abstract) must be separately prepared and attached as PDF documents.

    PCT-SAFE when operated in the PCT-EASY mode creates a validated PCT Request which will entitle the applicant to a 200 Swiss franc reduction of the international filing fee.

    If applicant chooses not to use PCT-SAFE to create the Request and fee calculation sheet, the applicant can use the conventional Request (Form PCT/RO/101) and attach it as a PDF document in the same way they attach all other documents or application parts (e.g. description, claims, drawings and abstract).

  • Is the PCT fee calculation sheet required when using PCT-SAFE in PCT-EASY mode?

    The RO/101 Annex (Fee Sheet) is automatically generated by PCT-SAFE in PCT-EASY mode and included in the PCT Easy .zip file.

  • Is it required to use PCT-SAFE when filing a new PCT application?

    No, PCT-SAFE is not required. It is however, recommended, especially if you want to take advantage of filing discounts.

  • If I use a PCT-SAFE zip file which includes the fee information, what do I do when I get to the EFS-Web fee screen?

    You will be prompted with the option to calculate your fees online at that time.

  • Can I file a PCT via EFS-Web using EPO as the searching authority?

    Yes. As in a paper filing of an international application, the choice of a competent international searching authority is made by applicant on the PCT Request form and processed by the United States Receiving Office accordingly.

  • If the PCT is not associated to a customer number at the time of filing, how can it be done later?

    A request to associate a PCT application with a customer number can be sent to the EBC. Please submit form PTO-2248, "Request to Update a PCT Application with a Customer Number." It must be faxed or mailed to the Electronic Business Center. See customer number for further information.

  • If I do not pay fees at the time of filing of my application, can I pay the fees through EFS-Web later?

    Yes, if you are a registered e-filer, you may pay your fees later as a follow-on submission. However, if you are filing a national stage application under 35 U.S.C. 371, the basic national fee must be paid no later than 30 months from the earliest claimed priority date; otherwise, the application is abandoned.

  • By using EFS-Web to file a PCT application, will the application (still) have to be submitted in paper to the USPTO, or is an electronic version all that is required?

    If the PCT application is filed via EFS-Web, a copy of the application in paper does not have to be submitted to the USPTO.

  • If I file a PCT application through EFS-Web, will I get an International Application Number as I do a serial number for US applications?

    Yes. The International Application Number will be provided on the acknowledgement receipt that is generated at the time of filing.

  • How do I create a zip file for a PCT application?

    You must use PCT-SAFE in PCT-EASY mode. PCT-SAFE may be downloaded from WIPO's website.

  • Do I need a new customer number for filing a PCT application?

    No. A customer number is not required to file a PCT application using EFS-Web. Use of a customer number will, however, permit viewing of the application in Private PAIR and will enable the filing of follow-on documents. The same customer number used for filing any other type of application may be used for PCT applications.

  • Must I attach the Power of Attorney document as part of the PCT Application?

    The Power of Attorney document is generally not required. A Power of Attorney will be needed in instances where applicant seeks, through his or her attorney or agent, to withdraw the international application, designation, priority claim or Demand, and to make certain changes under PCT Rule 92bis.

  • Can I use my customer number for my PCT correspondence address?

    No, the customer number associated with a PCT application will be used only for Private PAIR access, and will not be used for correspondence address.

  • When filing a PCT application with the U.S. designated, what should be entered under the "Applicant" section of EFS-Web?

    It is recommended that you enter the first named applicant.

  • Can I file a follow-on document for a PCT Application?

    You must be a registered eFiler to file follow-on documents. Unregistered efilers can only submit new applications.

  • Do we need to use the latest version of PCT-SAFE when filing PCT applications via EFS-Web?

    If PCT-SAFE is being used to prepare a PCT-EASY zip file for submission via EFS-Web, the applicant is advised to consult the WIPO website to determine the necessity to use the latest version of PCT-SAFE.

  • When uploading PDFs for a PCT, do the specification, claims, and drawings all have to be loaded individually or can they be put into one file?

    Other than when submitting a PCT-EASY zip file, which includes the Request and Fee Sheet, you will generally file a PCT Application like you would file a utility application via EFS-Web. Therefore, you have the option of attaching these files as individual files or as single multi-part files.

  • Can I file a request for a foreign filing license via EFS-Web?

    Yes. A request for a foreign filing license should be indexed as "Any request going to L&R"

  • If I file a PCT application with RO/US, and if I provide the Request as a PDF, how does the bibliographic information get into the computer systems? Will it be manually entered by USPTO personnel?

    Bibliographic information will be automatically loaded from the Request into the USPTO system if the Request is submitted as part of the PCT-EASY zip file. If the Request is submitted in PDF but not as part of the PCT-SAFE zip file, the information will be manually entered from the Request by the USPTO.

  • Why can't I view a newly filed PCT submission in Private PAIR?

    Your PCT application may not be associated to your customer number. To view your PCT application in Private PAIR, your application must be associated with your customer number. A request to associated a PCT application with a customer number can be sent to the Electronic Business Center (EBC). Please submit form PTO-2248, "Request to Update a PCT Application with a Customer Number." It must be faxed or mailed to the EBC. Click here for further information.

  • Is there a checkbox to get the discounted filing fee when filing a PCT Application as a *.PDF?

    Yes. Checkboxes for discounted international filing fees are provided for in the "Calculate Fees" section of EFS-Web. If the international application is filed electronically without the PCT-Easy .zip file, the box "International Filing Fee (first thirty pages) - Filed in paper with PCT-Easy file or electronically without PCT-Easy file" should be checked. If the PCT-Easy .zip file is included with the electronic filing, the box "International Filing Fee (first thirty pages) - Filed Electronically with PCT- Easy file" should be checked instead to obtain an even greater discount.

  • What Document Descriptions should be used for the PCT Request and fee calculation sheet?

    The following Document Descriptions should be used for the PCT Request:

    • RO/101 - Request form for new IA - PCT SAFE format
    • RO/101 - Request form for new IA - Conventional

    The following Document Description should be used for the fee calculation sheet:

    • RO/101 Annex (fee calculation sheet).
  • What is the required page size for PCT applications filed via EFS in PDF format?

    A4 is the required page size for PCT applications filed via EFS-Web in PDF format.

  • Can EFS-Web be used to file PCT applications?

    Yes, you can file PCT applications only with the US as the receiving office (US/RO) via EFS-Web.

  • Are s-signatures accepted for international applications or related papers filed with the USPTO in its capacity as a receiving Office (RO), international searching authority (ISA) or international preliminary examining authority (IPEA)?

    Yes.

  • When paying the extension of time fee via EFS-Web, do I need to attach the petition for extension of time?

    No, the submission of the fee set forth in § 1.17(a) will be treated as a constructive petition for an extension of time in any concurrent reply requiring a petition for an extension of time under 37 CFR 1.136(a) for its timely submission. The Office, however, strongly recommends including a petition to avoid potential delays in processing. See MPEP 710.02(e).

  • Am I able to use the "multiple document" option when filing a PCT?

    Yes, if attaching PDF files, you can use the "multiple document" feature in EFS-Web to separately index your documents.

  • How can I access the RO/101 form for PCT applications?

    The USPTO Website contains a link to an editable PDF version of the RO/101 Request Form available at WIPO's website.

  • Can I enter special keyboard characters into the Bibliographic Data portion of the EFS-Web screens (Application Data tab)?

    Special characters are only allowed within the EFS-Web Application Data screen for the Title of Invention and the Name of the First Inventor. The following characters are only allowed, in addition to all standard keyboard characters, in these two fields:

    ’,...,’,„¢,“,¸,¡,¢,£,¤,¥,§,©,ª,«,,®,°,±,²,³,µ,¹,º, »,¼,½,¾,¿, €,

  • If filing errors, such as submitting the wrong documents, filing under the wrong application number, etc. are found post-submission, how can they be fixed?

    Please contact the EBC by phone at 866-217- 9197 or by E-mail at EBC@uspto.gov.

  • If I am missing a document, will EFS-Web alert me of an error?

    No, EFS-Web does not validate documents that should accompany your filing.

  • When trying to submit follow-on documents, why is my bibliographic data incorrect or unreadable where I had entered a special character in the initial filing through EFS-Web?

    If the original filing for the application was made via EFS-Web, any characters used in the bibliographic data outside the normal keyboard set may become unreadable. When filing the initial filing through EFS-Web, special characters are allowed within the EFS-Web Application Data screen for the Title of Invention and the Name of the First Inventor. However due to legacy systems that have encoding issues with translating special characters such as ©, ®, „¢, œ etc. these special characters may be rendered incorrectly on the acknowledgement receipt on subsequent filings. To correct such rendering issues, please use the traditional methods such as filing a Correction of Filing Receipt through OIPE or submitting a Bibliographic Data Change request through Private PAIR to the Patent EBC. The USPTO is working to correct this issue in future releases of EFS-Web.

  • Will error messages identify the precise location in the file where the error occurred?

    No. EFS-Web validates some common properties of your PDF files, but will not validate the specific content of the PDF files.

  • Does EFS-Web have built-in safeguards that notify me if there's a problem with the file?

    Yes. EFS-Web will automatically validate the file types and data entered on the web screens and tell you before you submit your application if it meets USPTO standards.

  • Will I receive a warning prior to submission if the file size is approaching or exceeds the 25 MB limit?

    You will receive an error if your file size exceeds 25MB, but you will not receive any warning if your file size is approaching the 25 MB limit.

  • I'm getting validation errors, what do the colored triangles mean?

    Yellow triangles [warning - yellow triangle] indicate that a warning message is associated with the PDF file.

    Red inverted triangles [error - red inverted triangle] indicate that an error has been found in the PDF file. You cannot proceed with submission when the red error triangle appears.

  • What does the "Authenticate User Bad Input" error message mean?

    This error message usually indicates that the password supplied does not match the password for the certificate. Make sure that the digital certificate being used is the most recent one. Also, ensure that the password you are typing meets the requirements for authentication purposes. If you are unable to find the correct .epf file, or cannot remember the password, codes will need to be reissued to recover the profile. Please contact the EBC at 866-217-9197 for help in recovering your profile.

  • My Acknowledgement Receipt for a follow-on submission includes garbled or incorrect data. What is the official copy?

    The official copy of the file is what is rendered in IFW. If the original filing for the application was made via EFS-Web, any characters used in the bibliographic data outside the normal keyboard set may become unreadable. When filing the initial filing through EFS-Web, special characters are allowed within the EFS-Web Application Data screen and in the Application Data Sheet fillable form for the Title of Invention and theName of the First Inventor. However, due to legacy systems that have encoding issues with translating special characters such as ©, ®, „¢, œ etc., these special characters may be rendered incorrectly on the acknowledgement receipt on subsequent filings. To correct such rendering issues please use the traditional methods such as filing a Correction of Filing Receipt through OIPE or submitting a Bibliographic Data Change request through Private PAIR to the Patent EBC.

  • What does the "Authenticate User Error" message mean?

    This error message usually indicates that your network settings are interfering with the system's login functionality. First, make sure that the correct version of JAVA is installed. Also, be sure that SSL and TLS security options are checked in this same spot. It may also be a connection issue caused by a proxy or firewall. Network configuration information can be found on our website. Proxy settings will need to be applied to both the browser and JAVA control panel.

  • Can I use bookmarking, commenting, compression and layers in PDF files?

    No. If bookmarking, commenting, and layers are used, it will result in an error message during the upload. The PDF needs to be one layer.

  • What documents must be filed as multi-doc PDF files?

    No documents are required to be filed as part of multi-doc PDF files. Each may be filed individually.

  • Is the data in my Request for Continued Examination (RCE) form auto-loaded?

    Yes, the RCE is a USPTO Form-Fillable PDF that will provide auto-loading of data directly into USPTO databases.

  • In a multi-doc PDF, if I mis-number sections, will the validate check be able to distinguish the individual sections of my PDF?

    The validate check will not be able to distinguish your individual sections, but it will give you an error if your total page count is wrong or if you have sections with overlapping page numbers.

  • When a MS Word document is converted to PDF, is there any metadata in the PDF that becomes part of the official file wrapper?

    No metadata in the PDF becomes a part of the official file wrapper.

  • Is the data in my Accelerated Examination (AE) petition form auto-loaded?

    No. The Accelerated Examination petition is manually processed.

  • What does the "Validate PDF" function check for?

    There are a number of checks made on the PDF. It checks for improper attachments such as media or viruses. It checks for a maximum size of 14 inches by 14 inches and for non standard size outside of 'Letter' and 'A4'. It checks for non-embedded fonts and if the font is licensed. It checks to see if the attached file is a valid PDF, ASCII text or PCT-EASY zip file.

  • Will sequence listings filed in text format be accepted as the computer readable form of the sequence listing?

    Yes. However, they must comply with 37 CFR 1.824.

  • What file format should I use to submit a Power of Attorney document via EFS-Web?

    Like other documents, the Power of Attorney documents should be submitted through EFS-Web as PDF files. The appropriate document description for Power of Attorney documents is "Power of Attorney".

  • If I check the box for non-publication on the Application Data Sheet (ADS) do I also need to file the corresponding request form PTO/SB/35?

    If you use the ADS, form PTO/SB/14, and sign the form, a separate nonpublication request is not required.

  • Can I file a Provisional Application for Patent Cover Sheet via EFS-Web?

    Yes. When filing a provisional application, applicant is required to file a cover sheet identifying: the application as a provisional application for patent; the name(s) of all inventors; inventor residence(s); title of the invention; name and registration number of attorney or agent and docket number (if applicable); correspondence address; and any US Government agency that has a property interest in the application. The Provisional Application for Patent Cover Sheet contains spaces for identifying the required information. In lieu of the Provisional Application for Patent Cover Sheet, applicant may file an Application Data Sheet (ADS) that contains the required information.

  • What is the required page size for attached PDF files?

    For national applications, 8.5" X 11" or A4 is accepted. For PCT applications, only A4 is accepted.

  • Does the acknowledgment receipt show all of the inventors if there are multiple inventors?

    No, only the first named inventor.

  • Do I still need to use the transmittal forms available on the USPTO website even though I am e-filing?

    When filing a new application by EFS-Web, a signed transmittal form or a signed application data sheet (ADS) is recommended for identification purposes. However, a signature is not required to obtain a filing date for a new patent application.

  • How do I submit references cited in an Information Disclosure Statement?

    Foreign references and Non-Patent Literature are submitted as separate PDF attachments and are indexed as "Foreign Reference" and "NPL Documents" under the IDS/References category. Copies of U.S. patents and patent publications are not required.

  • Do Application Data Sheet (ADS) forms without non-publication requests have to be signed?

    No. The ADS only needs to be signed if a request for nonpublication is indicated.

  • Because affidavits (1.131) are routinely notarized, will the USPTO accept a PDF file of an affidavit?

    Yes, a PDF image of an affidavit is acceptable provided the notorization is legible.

  • Why can't I fill in the fields for Docket Number, Application Number, and Title on the PDF Fillable forms SB/14 & AIA/14?

    The Application Data Sheet fillable form includes a number of fields at the top of each page. These fields are treated as part of the header, and are automatically populated based on information entered in other parts of the form.

  • What happens if I do not submit a provisional cover sheet when filing my provisional patent application?

    The provisional application will be considered incomplete, and the Office of Initial Patent Examination will issue a Notice of Missing Parts.

  • Are supplemental ADS forms filed by EFS-Web exempt from the rule that requires supplemental ADS forms to be marked up to show new matter and deleted matter?

    No, you must still submit the supplemental ADS with markups, underlining for additions and strikeouts for deletions.

  • Do I have to file a signed transmittal form with each submission?

    When filing a new application by EFS-Web, a signed transmittal form or a signed application data sheet (ADS) is recommended for identification purposes. However, a signature is not required for a transmittal form or ADS to obtain a filing date for a new patent application.

  • Does EFS-Web fill in the correspondence address automatically from the customer number?

    Yes. If you indicate a customer number when prompted for the correspondence address, EFS-Web will fill in the correspondence address with the address that has been associated with the customer number for that application.

  • What is auto-loading?

    Auto-loading is the process of automatically extracting data from the USPTO fillable forms and loading the data into USPTO databases.

  • How do I ensure that my PDF does not have reliances on external files?

    When creating the document that will be converted to PDF format, do not include hyperlinks to files or WebPages. In addition, all fonts need to be embedded.

  • What is the advantage of using the USPTO Fillable Forms?

    The main advantage is that they are auto-loaded meaning that they do not need to be manually processed, which eliminates errors and provides your information to the USPTO in the exact format that you intended. Please note: If you print and scan this document, then it will not be auto-loaded.

  • What is a form fillable PDF?

    A form-fillable PDF is any form that is downloadable from the USPTO website that allows the USPTO to load data directly into a USPTO database that is used to process forms so that the same information can appear in the Patent Application Information Retreival (PAIR) system. By extracting the data directly from the Form-Fillable PDFs, EFS-Web users can minimize rework and improve data accuracy.

    See EFS Forms to access the form-fillable PDFs that are currently available to EFS-Web users.

  • What is the application subject matter in the PDF fillable form Application Data Sheet?

    Subject matter is a characteristic the USPTO applies to the new filings we receive. An application may be a utility application, a design application, or a plant application. At this time, EFS-Web does not accept plant applications.

  • Where can I find the latest versions of USPTO fillable forms?

    The latest versions of USPTO fillable forms are available for download from EFS Forms.

  • Do any of the PDF Fillable Forms need to be "printed" in Acrobat with the "USPTO embedded fonts" properties activated in order to avoid errors?

    No, as long as Adobe Reader 7.0.8 or greater is used.

  • What is a multi-doc PDF?

    A multi-doc PDF is a single file that contains more than one document description. If the PDF attached, is a multi-doc document (i.e. the file includes the description, claims, abstract and drawings), please enter the document description and page start and page end for each section.

  • Can I file using EFS-Web from a foreign country?

    Yes. If you are filing a new application, you may utilize EFS-Web as an unregistered user if you are filing from the US or another country as a pro se inventor or registered U.S. patent attorney. For a filer to submit follow-on documents from a foreign country, the filer must be a registered user and the document must be signed in accordance with 37 CFR 1.33(b).

  • How can misindexing a document affect my submission through EFS-Web?

    Misindexing may delay processing of your application.

  • How will I receive the filing receipt for my application?

    You will receive the filing receipt by mail via the United States Postal Service.

  • Is there a spell feature in EFS-Web?

    No, the EFS-Web does not validate actual document content.

  • What is a PKI certificate and how can I obtain one?

    A PKI (Public Key Infrastructure) certificate is a digital certificate issued by the USPTO to registered patent attorneys, registered patent agents, independent inventors, and limited recognition practitioners. The PKI certificate ensures your transmission via EFS-Web against unauthorized viewing, and allows you to view recent submissions in Private PAIR. More information regarding the use of Public Key Infrastructure and how to obtain a digital certificate is available at the Patent Electronic Business Center web page at http://www.uspto.gov/ebc/ under "Register Now". It is recommended that EFS users obtain a customer number and digital certificate as soon as possible so that USPTO can provide them with the most complete information and support with regard to their applications as possible.

  • Do I have to be a U.S. Citizen to participate in the Accelerated Examination (AE) program?

    No, all applicants are invited to participate in the AE program providing they meet the filing requirements. See Accelerated Examination for more information at http://www.uspto.gov/web/patents/accelerated/

  • Should Continuations and Divisionals be filed as new or existing applications in EFS-Web?

    Continuations and Divisionals are considered new applications and should be filed as new applications in EFS-Web. Specific continuity data should be stated in the Application Data Sheet (ADS) or in the first sentence of the specification.

  • Why is Accelerated Examination (AE) restricted to e-filing only?

    This is the current established procedure under which the examination of a patent application may be accelerated. Guidelines for Applicants under the Guidelines for Applicants under the New Accelerated Examination Procedure located at: http://www.uspto.gov/web/patents/accelerated/ state you must file the application via EFS-Web.

  • Do digital certificates travel with the attorney/agent from job to job?

    Yes, digital certficates stay with the digital certificate holder.

  • When e-filing, do I have to send hard copies of my filing to the USPTO?

    No. The documents that are submitted through EFS-Web are sufficient.

  • What is the email address entered on the first EFS-Web screen used for?

    E-mail addresses are used for identification purposes only.

  • Can I file a plant patent application through EFS-Web?

    EFS-Web does not accept plant applications.

  • Can I file certified copies of priority documents via EFS-Web?

    No. Certified copies of priority documents should be submitted by mail. When a document that is required by statute to be certified must be filed, a copy, including a photocopy or facsimile transmission, of the certification is not acceptable. See 37 CFR 1.6(d)(2). An example of such a submission is a certified copy of a foreign patent application filed pursuant to 35 USC 119 or a certified copy of an international application filed pursuant to 35 USC 365. Note, however that it may be possible for the USPTO to retrieve an electronic copy of a priority document through the priority document exchange program. See 37 CFR 1.55(d).

  • Can I file an Accelerated Examination (AE) for a Design application?

    Accelerated Examination can be filed for Design and Non-Reissue Utility applications.

  • What types of applications must be submitted through EFS-Web?

    Applications under the Accelerated Examination Program and Pre-Grant Publication requests.

  • Can I erase a submission after it has been finally submitted?

    No. As a registered-filer, however, you may file an express abandonment as a follow-on paper to abandon the submission.

  • Is the digital certificate for EFS-Web the same one that I would use for Private PAIR?

    Yes, digital certificates issued by the USPTO Certification Authority allow access to both EFS-Web and Private PAIR.

  • Once I've filed a patent application (e.g., provisional patent application, nonprovisional patent application) on EFS-Web and received an acknowledgment receipt, can I apply the term "Patent Pending" to products for which the patent application has been filed?

    After a filed provisional patent application is accorded a filing date, one is permitted to apply the term "Patent Pending" to products for which the patent application has been filed. After a filed nonprovisional patent application is accorded a filing date, one is permitted to apply the term "Patent Pending" to products for which the patent application has been filed as long as the nonprovisional patent application is pending.

  • Will I get an application number immediately when I file via EFS Web?

    Yes, you will receive an EFS ID, Application Number, and Confirmation Number on the acknowledgment receipt that is generated at the time of filing.

  • Can inventor declarations be filed with electronic signatures?

    Yes, inventors may use an electronic signature pursuant to 37 CFR 1.4(d)(2) such as on the oath or declaration under 37 CFR 1.63. The requirements for an electronic signature, however, are in addition to and do not substitute for the signature requirements specific to 37 CFR 1.63. Thus, an inventor seeking to S-sign a declaration pursuant to 37 CFR 1.63 must meet the signature requirements of both 37 CFR 1.63 and 37 CFR 1.4(d)(2). Pro se inventors can use S-signatures to sign replies to Office actions.

  • Does the Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent, form PTO/SB/66, offer an option to change entity status?

    This petition does include an option to change entity status.

  • How do I access EFS-Web?

    Go to www.uspto.gov, click on Patents on the left hand side of the screen, and click on File Online in EFS-Web.

  • How secure are EFS-Web submissions?

    All communications between the end user's computer and the USPTO are encrypted and stored in a secure USPTO database.

  • What are the benefits of being a registered user?

    A registered user can save submissions, submit follow-on applications, and view submitted applications in Private PAIR almost immediately after submission.

  • Can I do a test filing on EFS-Web?

    No. EFS-Web is only authorized for filing official submissions. However, please visit the EFS-Web Help and Tutorial Page located at http://www.uspto.gov/ebc/efs_help.html for assistance with filing on EFS-Web.

  • What is the best way for a novice to learn the EFS-Web and PAIR systems?

    Please view our EFS-Web Help and Tutorial page on the USPTO website located at http://www.uspto.gov/ebc/efs_help.html

  • Can I file Reissue applications using EFS-Web?

    Yes, you may file design reissue and utlity reissue through EFS Web.

  • How is EFS-Web different from PASAT and EFS-ABX?

    Unlike USPTO's original electronic filing tool, PASAT, and its follow on, ABX, EFS-Web is not a patent application authoring tool, but simply a means allowing you to easily and quickly submit patent applications and related documents electronically as PDF attachments. You choose the tool, process and workflow with which you author your documents; the only requirement is that prior to submitting them via EFS-Web, you first convert them to PDF files.

  • Is EFS-Web integrated with Private and Public PAIR?

    Yes. EFS-Web is integrated with Private and Public PAIR. By becoming a Registered e-filer (someone who has a Digital Certificate), EFS-Web submissions are available for viewing in Private PAIR within hours.

  • What is EFS-Web?

    EFS-Web is a web-based patent application and document submission solution that utilizes standard web-based screens and prompts to enable you to submit portable document format (PDF) files, ASCII text files, or a PCT-Easy Zip file directly to the USPTO.

  • What's the benefit to using EFS-Web?

    EFS-Web offers you the ability to file patent applications and other patent documents electronically in a fraction of the time and at substantially less cost than paper filings. You forgo printing, postage, courier costs, and you receive immediate notification that your submission has been received. Unlike paper filings, most new applications submitted electronically can be viewed in Private PAIR within an hour after filing.

  • How do I make a suggestion for an improvement of EFS-Web?

    E-mail EFS Feedback Mailbox at EFSFeedback@uspto.gov.

  • What types of filings may I submit using EFS-Web?

    Registered and Unregistered eFilers may file new Accelerated Exam, Design, Design Reissue, International Application for filing in the US receiving office, Provisional, Reexam, Utility (Utility under 35 USC 111 (a)), Utility Reissue, U.S. National Stage applications under 35 USC 371, ASCII text files (sequence listing, computer listings, mega tables, mathematical formulae, chemical formulae, and 3D protein crystal structures), and Petition under 37 CFR 1.378(c). Registered eFilers may also file follow-on documents and/or fees for previously filed applications, and Pre-grant publications.