Electronic patent application submission and retrieval

Electronic patent application submission and retrieval

In the world of innovation, it’s important to protect your intellectual property. The U.S. Patent and Trademark Office’s (USPTO) Patent Electronic Systems, EFS-Web and the Patent Application Information Retrieval (PAIR) system are tools for filing and managing your patent applications. Nearly 99% of patent applications are submitted electronically via EFS-Web, and for good reason! Filing electronically cuts costs, minimizes wait times typically associated with conventional mailing, and is efficient. Additionally, users can view their applications and check on their status through Private PAIR.

To prepare for filing online, get to know the systems and how to use them. Understanding some common mistakes and how to get assistance will be helpful as you navigate through this process.

EFS-Web and Private PAIR

EFS-Web is the USPTO’s web-based patent application and document submission solution. Using EFS-Web, anyone with a web-enabled computer can file patent applications and documents without downloading special software or changing document preparation tools and processes.

The Patent Application Information Retrieval (PAIR) system provides USPTO customers with a safe, simple, and secure way to retrieve and download information regarding patent application status. There are two PAIR applications, Public PAIR and Private PAIR. Public PAIR provides access to issued patents and published applications. Private PAIR provides secure real-time access to pending application status and history using digital certificates and the USPTO’s new single sign-on authentication method, USPTO.gov accounts. We encourage users to utilize the USPTO.gov account authentication method because digital certificates will be retired in the near future (see Obtain a verified USPTO.gov account, below).

Getting started

You may access and use the USPTO's Patent Electronic Systems as either a non-registered or registered user. All EFS-Web and Public PAIR users, whether non-registered or registered, can submit patent documents electronically and access public data. To fully leverage EFS-Web and Private PAIR features, users will need to be registered with a customer number and verified USPTO.gov account. Registration gives EFS-Web users the ability to electronically save materials being created for submission and to file follow-on materials. Additionally, registered users can access Private PAIR to review the status of their unpublished submissions and to track their patent applications online.

Obtain a customer number

There are two primary reasons to obtain and assign a customer number to your applications. First, a customer number can be used in lieu of a physical correspondence address. Second, it allows you to view your applications through Private PAIR. When a customer number is used as the correspondence address, it allows you to easily correlate all your filings and correspondence with a single mailing address, thus eliminating typographical errors or variations. This customer number will also ensure that only you can access your patent application information. In addition, once you have access to Private PAIR, you can make changes associated to the details of your customer number.

You can create and obtain your unique new customer number, easily and quickly, in real time in Private PAIR. Alternatively, you can download and complete the Customer Number Request form [PDF] and fax it to the Electronic Business Center at 571-273-0177

If you already have patent applications on file with the USPTO, you need to associate these applications with your customer number. To associate existing patent applications with a customer number, please complete a change of correspondence address form PTO/AIA/122 [PDF] or PTO/SB122 [PDF] for an individual application to change the correspondence address to a customer number.

Alternatively, you can download and complete the Customer Number Upload Spreadsheet [MS Excel]. This information can be sent on a CD or USB memory stick to:

Mail Stop EBC Customer Number
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Obtain a verified USPTO.gov account

The Patent Electronic Systems use the USPTO’s single sign-on (SSO) system, the USPTO.gov account, for secure two-factor authentication. USPTO.gov accounts are based on email addresses, and each account uses the email address as the account name or user ID. When you opt in to two-step authentication, you will receive a one-time verification code delivered by email, mobile device, or phone call to grant access to the Patent Electronic Systems. Obtaining a verified USPTO.gov account is a simple two-step process.

Step 1: Apply for a USPTO.gov account

USPTO.gov accounts can be created and managed through the MyUSPTO page. The MyUSPTO page allows users to create accounts, change passwords, enable two-step authentication, and record personal information, including alternate email addresses and telephone numbers. This information will be used to uniquely identify you and allow secure access to your patent data. If you need any assistance creating your USPTO.gov account, please call the USPTO Contact Center (UCC) at 800-786-9199

When creating your USPTO.gov account, enter your complete legal name, including first name, middle name (not initial), and last name and use this same name when submitting the Patent Electronic Verification Form. Complete legal names must be provided to avoid confusion among people who have same first name, middle initial, and last name.  

You must opt in to two-step authentication for your USPTO.gov account to access EFS-WEB and Private PAIR. If the Electronic Business Center (EBC) determines that you have not selected two-step authentication when they are processing the Patent Electronic System Verification form, they will opt you in. The default delivery method of the authentication code will be email notification. 

To assure the security of your data, follow the policy described in the Patent Electronic System Access Document [PDF] and Patent Electronic System Subscriber Agreement [PDF].

Step 2: Register your USPTO.gov account

Now that you have obtained a customer number, created a USPTO.gov account, and read the Patent Electronic System Access Document and Patent Electronic System Subscriber Agreement, you can register your account. Download and complete the Patent Electronic Verification Form [PDF], have it notarized, and mail the original form to:

Mail Stop EBC Customer Number
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Please note: The names listed on the USPTO.gov account and on the Patent Electronic Verification form must match. If the names do not match, the EBC will contact you so that you can modify the USPTO.gov account name to match the name listed on the submitted form. Additional instructions can be found at Patent Electronic Verification Form Instructions [PDF].

Common issues and how to avoid them
 

  • Check system status before you file: Check current system status, announcements, and dynamic messages to avoid any problems during the filing process. Dynamic messages appear in yellow at the top of the main EFS-Web and PAIR landing pages.
  • Make sure PDFs follow EFS-Web requirements: EFS-Web has specific technical requirements for submitted PDF files. Make sure your files were created in a compatible PDF program (e.g. Adobe Acrobat), have all fonts embedded directly into the file, and are 8 ½ x 11 inches or A4 size, portrait mode. Additional guidance is available for PDF document creation and how to embed fonts in PDF documents.  
  • Double-check your document indexing: If a document is misidentified during submission, notification of the document’s submission may not be sent to the appropriate business unit. Before finalizing your submission, double-check the indexing of the documents. Verify proper indexing by checking against the EFS-Web Document Descriptions List [MS Excel].
  • Review your submission in Private PAIR for accuracy: After filing, check Private PAIR to verify the contents of your submission for completeness and accuracy. Submissions can be viewed within minutes, but can take up to an hour. A customer number must be associated with the verified USPTO.gov account used for authentication. Missing documents may be filed as a follow-on submission on the same day (before midnight ET) to avoid a surcharge.
  • Don’t wait until the last minute to file: Last, but not least, file early to avoid any unforeseen issues that might occur during submission. In the event of an outage, there are alternative filing options, which may include EFS-Web Contingency, express mail, fax, hand delivery, etc. Please keep in mind that deadlines are midnight ET and are generally unmovable under normal circumstances.

Next generation tool: Patent Center

Changes are on the horizon! Patent Center, the next generation tool in development, is scheduled to replace EFS-Web and PAIR in 2020. It features a unified interface, with all of the capabilities from today's tools in a single place, and much more. Benefits include increased functionality and overall system usefulness, enhanced user experience through improved interface, and improved processes for patent submission, review, and management.

The Patent Center Beta Release is scheduled for 2019 and will be a great opportunity to begin using the new Patent Center tool and provide the eMod Team with feedback for further improvements. If you would like to sign up to receive additional information about the eMod Patent Center Beta Release, please send an email to eMod@uspto.gov with the subject line “Participation Request: eMod Patent Center Beta Release” to let us know that you’re interested. We will send an email to let you know when the guidelines and additional information has been updated and posted.

Get help

For additional questions or assistance, please contact the Patent Electronic Business Center (EBC) at 1-866-217-9197 (toll-free), 571-272-4100 (local), or ebc@uspto.gov. The EBC is available from 6 a.m. to midnight ET, Monday through Friday, and can assist customers with the various Patent Electronic Systems, which include filing their electronic patent application submissions via EFS-Web and with the review of patent applications in Public and Private PAIR.

Disclaimer
The USPTO gives you useful information and non-legal advice in the areas of patents and trademarks. The patent and trademark statutes and regulations should be consulted before attempting to apply for a patent or register a trademark. These laws and the application process can be complicated. If you have intellectual property that could be patented or registered as a trademark, the use of an attorney or agent who is qualified to represent you in the USPTO is advised.

The USPTO gives you useful information and non-legal advice in the areas of patents and trademarks. The patent and trademark statutes and regulations should be consulted before attempting to apply for a patent or register a trademark. These laws and the application process can be complicated. If you have intellectual property that could be patented or registered as a trademark, the use of an attorney or agent who is qualified to represent you in the USPTO is advised.

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