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The PTO/SB/16 form serves as a critical starting point for inventors seeking to secure their inventions through the filing of a provisional patent application. Designed for ease of use, this form collects essential information from the inventor, including their name, residence, and contact details, as well as the title of the invention, which must be concise enough to fit within 500 characters. Additionally, it establishes the covered invention's priority, allowing inventors to claim their rights during the application process. The form outlines the various components that may accompany the application, such as an Application Data Sheet, drawings, and corresponding fees. Understanding these requirements can significantly influence the preparation and submission process for a successful provisional application. Notably, the form includes sections pertaining to entity status, payment methods for necessary fees, and any government agency involvement. Attention to detail regarding these components can help inventors navigate the complexities of patent law while protecting their ideas and innovations effectively. Moreover, the PTO/SB/16 form emphasizes the importance of safeguarding personal information, alerting applicants to the risks of identity theft and advising on proper handling of sensitive data throughout the patenting process.

Pto Sb 16 Example

PTO/SB/16 (10-20) Approved for use through 11/30/2020. OMB0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number

PROVISIONAL APPLICATION FOR PATENT COVER SHEET – Page 1 of 2

This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53(c). Priority Mail Express® Label No. ______________________________________________________________

INVENTOR(S)

Given Name (first and middle [if any])

Family Name or Surname

Residence

(City and either State or Foreign Country)

Additional inventors are being named on the __________________ separately numbered sheets attached hereto.

TITLE OF THE INVENTION (500 characters max):

Direct all correspondence to:

CORRESPONDENCE ADDRESS

The address corresponding to Customer Number:

OR

Firm or

Individual Name

Address

City Country

State Telephone

Zip Email

ENCLOSED APPLICATION PARTS (check all that apply)

Application Data Sheet. See 37 CFR 1.76.

Drawing(s) Number of Sheets __________________

CD(s), Number of CDs _________________________________

Other (specify) _______________________________________

Specification (e.g., description of the invention) Number of Pages __________________

Fees Due: Filing Fee of $300 ($150 for small entity) ($75 for micro entity). If the specification and drawings exceed 100 sheets of paper, an application size fee is also due, which is $420 ($210 for small entity) ($105 for micro entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(1)(G) and 37 CFR 1.16(s).

METHOD OF PAYMENT OF THE FILING FEE AND APPLICATION SIZE FEE FOR THIS PROVISIONAL APPLICATION FOR PATENT

Applicant asserts small entity status. See 37 CFR 1.27.

 

Applicant certifies micro entity status. See 37 CFR 1.29.

 

Applicant must attach form PTO/SB/15A or B or equivalent.

 

A check or money order made payable to the Director of the United States Patent

TOTAL FEE AMOUNT ($)

and Trademark Office is enclosed to cover the filing fee and application size fee (if applicable).

Payment by credit card. Form PTO-2038 is attached.

 

The Director is hereby authorized to charge the filing fee and application size fee (if applicable) or credit any overpayment to Deposit Account Number: __________________.

USE ONLY FOR FILING A PROVISIONAL APPLICATION FOR PATENT

This collection of information is required by 37 CFR 1.51. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 10 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND

TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

PTO/SB/16 (10-20) Approved for use through 11/30/2020. OMB0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number

PROVISIONAL APPLICATION FOR PATENT COVER SHEET – Page 2 of 2

The invention was made by an agency of the United States Government or under a contract with an agency of the United States Government. (NOTE: Providing this information on a provisional cover sheet, such as this Provisional Application for Patent Cover Sheet (Form PTO/SB/16), does not satisfy the requirement of 35 U.S.C. 202(c)(6), which requires that the specification contain a statement specifying that the invention was made with Government support and that the Government has certain rights in the invention.)

No.

Yes, the invention was made by an agency of the U.S. Government. The U.S. Government agency name is:

_____________________________________________________________________________________________________________

Yes, the invention was made under a contract with an agency of the U.S. Government.

The contract number is: _________________________________________________________________________________________

The U.S. Government agency name is: _____________________________________________________________________________

_____________________________________________________________________________________________________________

In accordance with 35 U.S.C. 202(c)(6) and 37 CFR 401.14(f)(4), the specifications of any United States patent applications and any patent issuing thereon covering the invention, including the enclosed provisional application, must state the following:

‘‘This invention was made with government support under [IDENTIFY THE CONTRACT] awarded by [IDENTIFY THE FEDERAL AGENCY]. The government has certain rights in the invention.”

WARNING:

Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a check or credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition or an application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should consider redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance with 37 CFR 1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may also be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly available.

SIGNATURE __________________________________________________________

DATE _________________________

TYPED OR PRINTED NAME ______________________________________________

REGISTRATION NO. ______________

 

(if appropriate)

TELEPHONE __________________________________________ DOCKET NUMBER _______________________________

Privacy Act Statement

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is

35U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which mayresult in termination of proceedings or abandonment of the application or expiration of the patent.

The information provided byyou in this form will be subject to the following routine uses:

1.The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act.

2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.

3.A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record.

4.A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to complywith the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).

5.A record related to an International Application filed under the Patent Cooperation Treatyin this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

6.A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Securityreview (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).

7.A record from this system of records maybe disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted byGSA as part of that agency’s responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

8.A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent.

9.A record from this system of records maybe disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.

Form Characteristics

Fact Name Fact Details
Form Purpose The PTO/SB/16 form serves as a cover sheet for filing a provisional application for patent. It gathers essential information about the invention and inventors.
Governing Law This form is governed by the United States Code Title 35, specifically under 37 CFR 1.53(c) and related sections.
Filing Fees The standard filing fee is $300. For small entities, the fee is $150, and for micro entities, it is $75. Additional fees may apply based on the number of sheets included in the application.
Privacy Protections Under the Privacy Act of 1974, the information collected in this form is treated confidentially and may only be disclosed under specific conditions outlined in the act.
Submission Instructions Applicants must submit the completed form to the Commissioner for Patents at the U.S. Patent and Trademark Office in Alexandria, VA, avoiding any inclusion of personal information that may lead to identity theft.

Guidelines on Utilizing Pto Sb 16

Filling out the PTO/SB/16 form is a crucial step in the patent application process. After completing this form, it needs to be submitted along with your provisional application to the U.S. Patent and Trademark Office (USPTO). Ensure to double-check all information for accuracy before sending it off. Following the instructions carefully will help streamline the process and mitigate potential delays.

  1. Download the form: Locate the PTO/SB/16 form online through the USPTO's official website.
  2. Fill in your information: Start with the inventor's name. Enter your given name (first and middle) followed by your family name or surname.
  3. Provide your address: Fill in your residence, including city and either the state or foreign country.
  4. List additional inventors: If there are other inventors, mention how many are on the attached sheets.
  5. Enter the title: Write the title of your invention, keeping it to a maximum of 500 characters.
  6. Set the correspondence address: Fill out the address for correspondence which can either be your customer number or that of your firm or individual.
  7. Check enclosed parts: Mark all that apply regarding application parts you are including, such as application data sheets or drawings.
  8. Calculate fees: Determine the total fees due based on your entity status (either regular, small entity, or micro entity) and check off any applicable fees.
  9. Choose a payment method: Indicate how you will pay the fees, whether by check, money order, or credit card.
  10. Fill out government support information: If applicable, note if the invention was made by or under contract with a U.S. government agency.
  11. Sign and date the form: Don’t forget to provide your signature, date, printed name, and any relevant registration number.
  12. Review for accuracy: Thoroughly check all entries to ensure there are no mistakes before submission.

What You Should Know About This Form

What is the PTO/SB/16 form?

The PTO/SB/16 form is the cover sheet used for filing a Provisional Application for Patent with the United States Patent and Trademark Office (USPTO). This application type allows inventors to secure an early filing date while providing them with more time to develop their invention further before filing a non-provisional application.

Who should use the PTO/SB/16 form?

This form is intended for anyone looking to file a provisional patent application. Whether you are an individual inventor, a small business, or part of a larger organization, if you have an invention you want to protect, this form is the first step in the patent process.

What information do I need to provide on the form?

When filling out the PTO/SB/16 form, you should include the following information: details about the inventor(s) such as names and addresses, a title for your invention, your correspondence address, and a checklist of application parts you are submitting (like drawings or specifications). You must also indicate if you're claiming small or micro entity status for fee purposes, and you need to state your method of payment for the filing fee.

What are the fees associated with filing this form?

The filing fee is $300, but reduced rates are available for small entities ($150) and micro entities ($75). If your application exceeds 100 sheets of paper, additional fees apply. It's crucial to ensure that you include the correct payment method along with your application, whether that's a check, money order, or credit card authorization form.

How long does it take to complete the form?

Completing the PTO/SB/16 form is estimated to take about 10 hours, which includes gathering your information, preparing the documentation, and submitting everything. Of course, this time can vary based on the specifics of your application and your familiarity with the process.

What should I do if I need help with the form?

If you need assistance while completing the PTO/SB/16 form, don't hesitate to reach out for help. You can call the USPTO at 1-800-PTO-9199 and select option 2 for guidance. It's always better to ask for help than to risk submitting an incomplete or incorrect application.

Common mistakes

Completing the PTO/SB/16 form incorrectly can lead to delays or rejections in the patent application process. One common mistake is failing to provide complete inventor information. Each inventor's full name, including both given names and surnames, must be accurately filled out. Omitting a middle name or incorrectly formatting the names can create confusion and may hinder the processing of the application.

Another frequent error occurs when applicants do not specify the title of the invention clearly. The title has a maximum character limit of 500. If applicants exceed this limit or submit vague titles, the USPTO may return the application for correction, causing unnecessary delays. Applicants should ensure that the title is not only within the character limit but also clearly reflects the essence of the invention.

Additionally, many individuals overlook the payment details section, which includes various fee structures based on the entity status. Some applicants may indicate that they qualify as a "small entity" or "micro entity" but fail to provide the necessary certification forms or payment methods. This omission can lead to processing delays as the USPTO will require proper documentation and fees before moving forward.

Lastly, applicants often forget to sign and date the form. This step is crucial as an unsigned application cannot be processed, and the entire submission could be deemed incomplete. Taking the time to review the form thoroughly for all required signatures before submission can help prevent this common oversight.

Documents used along the form

When filing a provisional application for patent, utilizing the PTO/SB/16 form often goes hand in hand with several other important documents. Each of these documents serves a specific purpose in the application process, ensuring that all necessary information is communicated to the United States Patent and Trademark Office (USPTO). Below is a list of commonly used forms that accompany the PTO/SB/16 form.

  • Application Data Sheet (PTO/SB/14): This form provides essential bibliographic information about the patent application, including applicant details, the title of the invention, and any associated prior applications.
  • Specification: This document describes the invention along with its background, detailed description, and claims. It must be clear to support the requirements of patentability.
  • Drawings (if applicable): If the invention can be illustrated, this section includes the visual representations necessary for understanding the invention. Detailed figures may be crucial.
  • PTO/SB/15A or 15B (Certification of Status): Used to assert either small entity or micro entity status, these forms are essential for determining the applicable reduced filing fees.
  • PTO-2038 (Credit Card Payment Form): If opting to pay fees via credit card, this form must be attached to authorize the charge and should accompany the other forms.
  • Fee Transmittal Form (PTO/SB/17): This form details the payment information for the various filing fees associated with the patent application. It ensures accurate processing of fees.
  • Statement of Government Support: (if applicable): If the invention was developed with government support, this statement must clarify the extent of government rights, following the requirements of 35 U.S.C. 202(c)(6).

These forms and documents work in conjunction with the PTO/SB/16 form to facilitate the smooth processing of your provisional patent application. Each piece of documentation plays a critical role in ensuring compliance with USPTO requirements. It is important to review each form carefully and complete them accurately to move forward effectively in the patent application process.

Similar forms

  • PTO/SB/17 - This form serves as a request for non-provisional patent application cover sheet and includes similar details regarding the inventor's information, title of the invention, and a method of payment for associated fees.
  • PTO/SB/15A - This form is used for small entity status assertion and also requires personal information regarding the applicant, mirroring the identification details found on PTO/SB/16.
  • PTO/SB/15B - Similar to PTO/SB/15A, this form allows for micro entity certification, maintaining the same format and structure for asserting entity status.
  • PTO/SB/18 - This document is for the declaration of prior user rights. Like PTO/SB/16, it requests specific information related to the invention and its inventor while ensuring entity status is acknowledged.
  • PTO/SB/20 - This form functions as a request for a certified copy of a patent application and includes details consistent with those required in PTO/SB/16 regarding fees and the correspondence address.
  • PTO/SB/21 - Used for notifying of an assignment or change of ownership, this form focuses on the ownership of the invention, requiring similar identification information as the cover sheet.
  • PTO/SB/30 - This is a cover sheet for the Patent Cooperation Treaty (PCT) international application, demanding similar inventor details, application title, and fees associated to filing.
  • PTO-2038 - This document is an authorization for credit card payment, which contains personal identification components and fee instructions for various patent-related filings, similar to what is provided in PTO/SB/16.
  • PTO/SB/61 - This form allows for the submission of a late filing request. Correspondingly, it addresses the need for specific information from the applicant, akin to what is collected by PTO/SB/16.
  • PTO/SB/08 - This is used for a request for filing a continuation application, and it requires much of the same information about the inventors and the title of the invention as the provisional cover sheet.

Dos and Don'ts

When filling out the PTO/SB/16 form, it's important to consider the following guidelines:

  • Make sure to provide accurate and complete information about the inventors, including their names and addresses.
  • Include a clear and concise title for the invention, ensuring it does not exceed the 500-character limit.
  • Double-check the method of payment section, as incorrect payment information can lead to delays.
  • Review the enclosed application parts carefully to ensure everything required is checked off.
  • Sign and date the form before submission to avoid omissions that could hinder processing.

Conversely, there are also things to avoid:

  • Do not leave sections blank; incomplete forms can result in rejection.
  • Avoid submitting personal information that isn't necessary, such as social security numbers.
  • Don't forget to address the form to the correct office; incorrect submissions can lead to processing delays.
  • Do not use ambiguous terms or vague descriptions; clarity is key.
  • Refrain from submitting fees or completed forms to the address listed in the privacy act statement.

Misconceptions

  • Misconception 1: The PTO/SB/16 form guarantees a patent.
  • This form is merely a cover sheet for a provisional patent application. It does not guarantee the issuance of a patent. The actual patent is granted only after a thorough examination by the USPTO.

  • Misconception 2: Provisional applications do not require a filing fee.
  • A filing fee is indeed required for provisional applications. The fee is $300, reduced to $150 for small entities and $75 for micro entities. Failure to pay the fee may lead to delays or abandonment of the application.

  • Misconception 3: You can include unlimited supporting documents without any restrictions.
  • While additional materials can be included, if the total number of sheets exceeds 100, you must pay an application size fee. This additional cost is $420 for each subsequent 50 sheets or fraction thereof.

  • Misconception 4: Personal information submitted to the USPTO is confidential and cannot be accessed by the public.
  • Information in patent applications, including the PTO/SB/16 form, becomes publicly available after publication or patent issuance. It is crucial to redact sensitive personal information to avoid identity theft.

  • Misconception 5: You need to submit the completed form to the address on the form.
  • It is essential to send the form to the specific address for the Commissioner for Patents, not to the address provided for comments. Sending it to the wrong address may result in processing delays.

Key takeaways

  • PTO/SB/16 is the form used to file a provisional application for a patent. It is important for inventors looking to secure their invention quickly.
  • The filing fee is $300, but reduces to $150 for small entities and $75 for micro entities. Ensuring accurate payment is crucial for successful submission.
  • Applicants must specify the title of the invention within 500 characters. This title effectively summarizes the invention and plays a key role in the filing process.
  • The form requires a correspondence address for communications about the application. This may be the applicant's address or that of a designated representative.
  • Inclusion of personal information, such as Social Security numbers, is discouraged to prevent identity theft. Avoiding unnecessary personal information is best practice.
  • The completed form should be sent to the Commissioner for Patents at the designated address, ensuring that nothing is sent to the address stated for comments.