What are the recommended methods for filing new patent applications?
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 511 - Postal Service Interruptions and Emergencies,
Patent Law,
Patent Procedure