Submitting the Application

Submitting the Application

---

Although you may decide to submit your application via the mail (the M.P.E.P. dedicates lots of space and text to this practice), the more modern method is simply to file it electronically.  In fact, most firms simply file its documents electronically.^[1]The mail/fax system may be used in the event the digital system is not available however.   

Per the USPTO, the electronic filing system (EFS) is:

the United States Patent and Trademark Office’s (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.

EFS-Web utilizes standard Web-based screens and prompts to enable you to submit patent application documents in PDF format directly to the USPTO within minutes. When creating your PDF documents, you choose the tool, process and workflow with which you author your documents, convert them to standard PDF files and then submit them to USPTO’s secure servers. Additionally, EFS-Web allows submission of PCT-EASY .ZIP compressed files to submit International PCT applications and ASCII text files (.TXT) to submit your bio-sequence listings, computer program listings, mega tables, etc. EFS-Web is safe, simple and secure and gives you all of the same benefits as paper filings, including an electronic receipt that acknowledges your submission date.^[2]“About EFS-Web,” USPTO, available at http://www.uspto.gov/patents/process/file/efs/index.jsp.

The EFS comes in two flavors: (1) Registered eFiler; and (2) Unregistered eFiler.  The unregistered eFiler has access to submit an application.  The registered eFiler has enhanced filing features, including follow-on processing, saved submissions, and more.^[3]Id.   Follow-on processing would allow you, for example, to obtain a receipt electronically for documents mailed to the USPTO.^[4]“Obtaining a Receipt for Documents Mailed to the USPTO,” USPTO, available at http://www.uspto.gov/patents/resources/types/utility.jsp.

Generally, most practitioners interact with Private PAIR (Patent Application Information Retrieval).  You have most likely dealt with Public PAIR in that you were able to look up and retrieve information relating to a patent.

If you have not done so, I would recommend going to Public PAIR, located at http://portal.uspto.gov/external/portal/pair/.  There is usually an anti-spam login feature.  Once you get past that, you should be presented with a screen that looks like:

Select “patent number” and then type in 7698711.  Select “search.”  You should be presented with a page that looks similar to:

If you select the “Image File Wrapper,” you can now view all documents associated with the USPN 7,698,711.

This interface is Public PAIR.  The difference between this and Private PAIR is simply that one is public and one is private.  The benefits of using Private PAIR include being able to view all cases that you are currently managing (or that you are listed as managing), as well as the ability for the client to login and see the up-to-date status of the matter.  And, this is all done completely private (i.e., you will be able to access client documents unavailable on Public PAIR).