Patent Application Explained: What It Is, What It Includes, and How It Works
Learn what a patent application is, what it includes, the different types of patent applications, and what happens after you file with the USPTO.
Inventipedia
10/5/20267 min read
If you're considering a patent for an invention, you've probably heard the term patent application. But what exactly is a patent application, what does it contain, and what happens after you submit one?
A patent application is the formal request you submit to the U.S. Patent and Trademark Office (USPTO) asking for patent protection for an invention. Depending on the type of invention and application, it may include a written description, claims, drawings, inventor information, and other required documents and fees.
Filing an application does not mean you already have a patent. The USPTO must examine an eligible application before a patent can be granted.
Quick Answer: What Is a Patent Application?
A patent application is a collection of documents and information submitted to the USPTO to request patent protection for an invention.
A patent application can take different forms. For example, inventors may file a provisional application for certain utility and plant inventions or a nonprovisional application that can be examined for patentability.
The type of application you need depends on what you're trying to protect and where you are in the patent process.
If you're starting from the beginning, see our guide to the patent filing process for an overview of what happens from preparing an invention through filing and examination.
What Does a Patent Application Include?
The exact contents depend on the type of application, but a nonprovisional utility patent application generally includes several important components.
1. A Written Description
The application must describe the invention in enough detail to satisfy the applicable requirements of U.S. patent law.
This description explains what the invention is, how it works, and how it can be made or used.
The goal isn't simply to describe an idea in general terms. The application needs to provide enough technical information to support the patent claims.
2. Patent Claims
Claims define what legal protection is being requested.
Think of the claims as the boundaries of the patent protection being sought. A patent application can contain multiple claims, with each claim defining particular aspects or combinations of the invention.
Claims are one of the major differences between simply describing an invention and actually applying for patent protection.
3. Drawings, When Necessary
Patent drawings can be an important part of an application when they are necessary to understand the invention.
For some inventions, drawings can make complicated structures, components, relationships, or processes much easier to understand.
For design patent applications, drawings or photographs are especially important because the visual disclosure establishes what design is being claimed.
See our patent drawings guide for more information about what patent drawings are and why they matter.
4. Inventor Information and Required Declarations
A patent application also identifies the inventor or inventors and includes required documentation relating to inventorship.
The exact requirements depend on the type of application and filing.
5. Filing, Search, and Examination Fees
Required USPTO fees must also be paid. The amount depends on the type of application and other factors, including whether the applicant qualifies for small- or micro-entity fees.
See our guide to patent costs for a breakdown of the expenses that can arise during the patent process.
What Are the Different Types of Patent Applications?
There isn't just one kind of patent application.
For U.S. patent applications, one of the most important distinctions for beginners is between provisional and nonprovisional applications.
Provisional Patent Application
A provisional application can be filed for a utility or plant invention. It is not available for design inventions.
A provisional application is generally simpler than a nonprovisional application and does not require formal claims or an inventor's oath or declaration at the time of filing.
It also establishes a U.S. filing date and can allow an inventor to use the term Patent Pending in connection with the invention.
A provisional application is not examined by the USPTO and automatically becomes abandoned 12 months after its filing date. To benefit from the provisional filing date, the inventor generally needs to file a corresponding nonprovisional application within that 12-month period.
That means a provisional application is not a temporary patent. It is better understood as an initial filing that can establish an early filing date while giving the inventor additional time before filing the nonprovisional application.
Nonprovisional Patent Application
A nonprovisional application is the type of application that can proceed through examination and potentially result in an issued patent.
A nonprovisional utility application generally includes a specification containing the description and claims, drawings when necessary, an inventor's oath or declaration, and required filing, search, and examination fees.
The USPTO examines the application to determine whether the claimed invention meets the applicable requirements for patentability.
Utility, Design, and Plant Applications
Patent applications can also be distinguished by the type of patent being sought.
Utility patents generally protect how an invention works or is used.
Design patents protect the ornamental appearance of an article.
Plant patents protect certain distinct and new varieties of plants that are asexually reproduced.
The type of patent you need depends on what aspect of your invention qualifies for protection.
If you're unsure whether a utility or design patent is the better fit, see Utility Patent or Design Patent: Which One Applies to Your Product?
Does Filing a Patent Application Mean You Have a Patent?
No.
This is one of the most important things to understand.
Filing a patent application means that you've submitted an application requesting patent protection. It does not mean that the USPTO has approved the invention or that a patent has been granted.
A nonprovisional application generally needs to go through examination. The USPTO may issue communications called Office actions, which can require the applicant to respond to objections or rejections before the application can proceed.
Learn more about this stage in What Is a Patent Office Action?
If the application ultimately satisfies the requirements for a patent and the required steps are completed, the USPTO can issue a patent.
What Happens After You File a Patent Application?
The process after filing depends on the type of application.
For a nonprovisional application, the USPTO processes the filing, assigns the application, and eventually examines it. The examiner may determine that the claims are allowable, or may issue an Office action requiring a response.
The applicant may need to amend claims, provide arguments, or otherwise respond to issues raised by the examiner.
Eventually, the application may result in a patent being granted, or it may be abandoned if the necessary requirements aren't met or the applicant does not continue prosecution.
For a broader overview, see What Happens After You File a Patent?
You can also learn more about the overall timeline in How Long Does a Patent Take?
How Is a Patent Application Different From a Patent?
A simple way to think about it is:
Patent application: A request for patent protection that has been filed with the USPTO.
Patent: A patent right that has been granted by the USPTO after the application has gone through the required process.
A filed application can eventually become a patent, but there is no guarantee that it will.
This distinction is also why Patent Pending does not mean an invention is already patented. It means that patent protection is being sought through a pending application.
See What Is Patent Pending? for a more detailed explanation.
Should You File a Provisional or Nonprovisional Application?
There isn't one answer that applies to every inventor.
A provisional application may be useful when an inventor wants to establish a U.S. filing date while having additional time to prepare a nonprovisional application.
A nonprovisional application is the application that can proceed through examination and potentially result in an issued patent.
Choosing how and when to file can have significant consequences, particularly when filing dates, public disclosures, foreign patent rights, and the scope of the disclosure are involved.
For that reason, inventors should understand the requirements before filing and consider speaking with a registered patent attorney or patent agent when appropriate.
Where Does Patent Research Fit In?
Preparing a patent application isn't the only step an inventor should think about.
Before investing significant time and money into an application, it can be useful to research existing patents and other publicly available information to better understand what has already been disclosed.
Our guides can help:
Patent searching does not guarantee that an invention is patentable, but it can help an inventor understand the existing landscape before moving forward.
Patent Application vs. Patent: The Bottom Line
A patent application is the formal request for patent protection submitted to the USPTO. Depending on the type of application, it may include a detailed description of the invention, claims, drawings, inventor information, and required fees and documents.
The application itself is not a patent. A nonprovisional application must generally go through the patent examination process before a patent can be granted.
For a beginner, the simplest way to think about the process is:
Invention → Patent application → USPTO examination → Possible patent grant
The details can become much more complicated, but understanding that basic distinction is a good starting point.
Frequently Asked Questions
Is a patent application the same as a patent?
No. A patent application is a request for patent protection. A patent is granted only after the application successfully completes the applicable process.
How long does a patent application last?
It depends on the type of application. A provisional application generally lasts 12 months and is not examined. A nonprovisional application can remain pending while it goes through examination and prosecution.
Can I file a patent application myself?
Yes. Inventors can file patent applications without hiring an attorney, although patent law and application requirements can be complicated. The USPTO provides resources for applicants who choose to proceed without professional representation.
Does a provisional patent application give me a patent?
No. There is no such thing as a granted "provisional patent." A provisional application can establish a filing date and provide a 12-month period before a corresponding nonprovisional application generally needs to be filed to preserve the benefit of that earlier filing date.
Can a design patent have a provisional application?
No. Provisional applications are available for utility and plant inventions, but not for design inventions.
Where can I learn more about filing a patent?
The USPTO provides official information about patent applications, filing requirements, fees, and the examination process. Inventipedia also provides beginner-friendly guides covering individual parts of the process.
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