Filing a patent online: a beginner’s checklist

The journey from a spark of inspiration to securing a patent can feel overwhelming. But understanding the patent filing process is a key part of protecting your invention and your competitive advantage.

Whether you're filing in the United States or the EPO, this guide breaks down the essentials of patent filing online. From checking if your idea qualifies to preparing the right documents and using official portals, our checklist is here to give you clarity and help you avoid costly mistakes.

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What makes an idea patentable?
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Before starting any online patent filing process, it's essential to confirm that your invention meets basic patentability standards. These rules are similar across most jurisdictions, including the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO).

To be patentable, an invention must meet the following three criteria:

• Novelty: The invention must be new. It should not have been publicly disclosed before the filing date, including by you.
• Non-obviousness: The invention must involve an inventive step and not be an obvious extension of existing technology to someone skilled in the field.
• Industrial applicability: The invention must be capable of being made or used in an industry or a practical context.
  

Neither the USPTO nor EPO will grant patents for abstract ideas, mathematical methods, or discoveries of natural phenomena.

For more details about patents and other intellectual property types, check our blog here.

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Your online patent filing checklist
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Here’s a summary to make sure you’re prepared for patent filing online:

• Confirm your invention is novel and meets all patentability requirements
• Conduct a prior art search using databases like Espacenet or USPTO Patent Public Search (Find the top 5 patent look-up tools here)
• Decide which type of patent you need (utility, design, or provisional in the US)
• Document your invention thoroughly, including diagrams, prototypes, or lab notes
• Prepare required documents (specification, claims, drawings, abstract)
• Keep your idea confidential until your application is submitted
• Evaluate the commercial value and potential for licensing or production
• Consider whether to work with a registered patent attorney, especially for claim drafting
• Create an account at the USPTO or EPO portal
• Understand your fees and patent filing deadlines
• Consider your long-term patent renewal strategy

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How to file a patent with the USPTO

The USPTO provides an online platform called Patent Center where inventors can file directly, through a validated USPTO.gov account. The steps vary depending on the type of patent. First-time online filers may also contact the Patents Electronic Business Center for assistance in the online patent filing process.

1. Create a USPTO account

To file online, you'll need a USPTO.gov account and a verified identity.

2. Choose between provisional and non-provisional

• A provisional application lets you establish a filing date without claims. It gives you 12 months to file a complete non-provisional application.
• A non-provisional application is a full filing that begins the examination process.

3. Prepare required documents

A complete application should include the following in DOCX format:

• Specification (description of the invention)
• At least one claim on a separate sheet
• Claim drafting assistance 
• Abstract  (about 150 words or less) on a separate sheet
• Drawings (if needed)
• Oath or declaration  signed by all inventors 
• Fees (patent filing, search, and examination), plus any other required fees
• If applicable, Micro-entity form signed by all inventors
• Application Data Sheet (ADS) signed by all inventors 

Here is a guide for all requirements for a non-provisional filing.

4. Understand the fees

Patent filing fees depend on entity size and can vary in the case of large, small, or micro entities. With a 60% discount for small and an 80% discount for micro entities. 

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How to file a patent with the EPO

To start the process of online patent filing in Europe, you'll need to use the MyEPO services portal. This platform allows applicants to manage patent filings securely.
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1. Register for MyEPO

You can file via smart card, two-factor login, or other secure means.

2. Submit a full application

Unlike in the US, the EPO requires a complete application from the start, and documents can be uploaded in PDF format. The required documents include:

• A request for the grant of a European patent (EPO Form 1001)
• Description of the invention
• One or more claims
• Any drawings referred to in the description or the claims
• Abstract

3. Pay the required patent fees

‍Key EPO fees include filing fee, search fee, claims fees.

4. Designate countries for protection

A granted European patent must be validated in each country where you want protection. This may involve local translations and national fees.

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What happens after you file a patent application?

Once submitted, your application enters the examination phase.

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USPTO process:

• Your non-provisional application is reviewed by an examiner.
• You may receive “office actions” requesting clarifications or amendments.
• Average time to first action: ~16 months; full process: 2–4 years.
  

EPO process:

• Formality check → search report → examination.
• You will be invited to respond to objections
• The final step is national validation, which varies by country.
• Average timeline: 3–5 years from filing to grant.

Once granted, the patent is published and enforceable from the grant date.

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Common first-time patent application mistakes

Avoid these errors to save time, cost, and potential rights:

• Submitting incomplete applications (e.g. missing claims or diagrams)
• Publicly disclosing your invention before filing
• Poorly written claims that fail to protect your full invention
• Overlooking patent filing services for complex filings
• Forgetting that patent maintenance fees apply after grant
  

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Patent maintenance: what comes after the filing?

Once your patent is filed, the responsibility doesn’t stop. You must maintain your rights through regular patent maintenance payments.

• USPTO: Requires patent maintenance fees at 3.5, 7.5, and 11.5 years after grant.
• EPO: Annual patent maintenance fees are due starting from the third year after filing.
  

Missing a patent maintenance deadline can lead to the loss of your patent rights. While many patentees rely on their law firms, these firms often outsource IP renewals to third-party software providers.

If you're looking for a way to simplify this process, reduce risk and annual costs, platforms like PatentRenewal.com automate global patent renewals and help you save on your patent maintenance fees by up to 50%. Learn more about our solution here or sign up for a free demo.