0 of 22 items checked

TL;DR

22 items across 5 stages: confirm the window is open, prepare factual descriptions, determine your fee (possibly $0), submit via USPTO Patent Center, then monitor the file wrapper. Check each item before you file.

📋 1. Identification & Timing

Identify the US Patent Application Publication Number (e.g., US 2024/0000001) or application number.

Confirm the application is still pending — not abandoned or issued as a patent.

Verify NO Notice of Allowance has been issued. Check the file wrapper in Patent Center.

Use the Deadline Calculator to verify you are within the statutory window.

Confirm you are not the Applicant and have no obligation to assign rights to the Applicant.

📎 2. Document Preparation

Select no more than 10 documents per submission to minimize fees.

Prepare PDF copies of all non-patent literature. Full copies required.

Identify all US Patents and US Patent Applications by number. PDFs generally not required.

Obtain English translations for any foreign-language documents.

Draft a "Concise Description of Relevance" for each document. Review the Drafting Guide. Factual only — no legal arguments.

Verify each description cites specific page, column, line, paragraph, or figure numbers.

Read each description aloud. Remove any words like: "anticipates," "obvious," "invalid," "not novel," "should be rejected," or statute citations (§ 102, § 103).

Complete Form PTO/SB/429 (cover sheet). Available on the USPTO forms page ↗.

💲 3. Fees & Exemptions

Determine if you qualify for the first-time filer exemption: first submission for this application AND 3 or fewer documents. If yes, fee is waived.

If submitting more than 3 items or this is a subsequent submission: prepare $180 (small entity) or $360 (large entity) per 10 items.

Determine your entity status (micro, small, or large) if paying fees.

🖥 4. Submission via USPTO Patent Center

Log into USPTO Patent Center ↗. Guest account allowed for anonymous filing.

Navigate to the target application and select "Third-Party Preissuance Submission."

Upload Form PTO/SB/429, the Concise Description document, and all reference PDFs.

Pay fees (if applicable) and complete submission. Save the confirmation receipt.

✓ 5. After Filing

Save the USPTO acknowledgment receipt. Note the filing date as your compliance record.

Set a reminder to check the file wrapper in 2–4 weeks to confirm the submission was entered, not returned.

Monitor subsequent Office Actions to see if the Examiner cited your references. You will not be directly notified.

Pro Se Tip: Double-check your "Concise Description." If it sounds like you are arguing with the examiner ("This proves the claim is obvious"), delete it. State the facts only ("Reference A shows a wheel on page 4").

Filing Checklist