Prepare an application
An application goes through four hands: you prepare it, the owner signs it, the attorney reviews it, and the attorney files it.
| Step | Who | How |
|---|---|---|
| Prepare | You or your agent | POST /applications and PATCH /applications/{id} |
| Review and sign | The owner | review_url, in their browser |
| Attorney review | Neil ODonnell, Legal Scale LLP | filing.status is received, then changes or approved |
| File | The attorney | filing.status is filed, with serial |
What only the owner can do
- Sign. The application includes a declaration made under penalty of law (18 U.S.C. 1001), and the owner has to make it themselves. The API has no signature field. If you send one, it's refused.
- Confirm the application. The confirmations always start unticked.
- Turn on Trademark Protection. It recurs, so it needs the owner's own choice.
protectionis refused.
Ask, don't infer
Send only what the owner told you or confirmed. A wrong owner can void a registration, and it can't be fixed by amending the application. read_site and suggest_classes make suggestions, and the owner confirms each one.
plan_task returns the questions to ask, with the options for each.
Issues
issues lists what's still missing, and ready is true when it's empty. The owner can also fill gaps themselves after opening review_url.
Fields never default on the API. If you don't send owner.type, it stays missing until someone answers.
Wording and fees
Wording that matches the class list counts as ID Manual wording. Anything else is quoted with the USPTO's free-form surcharge, which is per class. Each class in the response says which it is in id_manual.
Nothing is charged at signing. The owner pays once the attorney approves the application.
Specimens
If the mark is in use, the owner adds a specimen when they review the application. After signing, you can add one with POST /filings/{id}/specimen.
After signing
Drafts can't change once signed, and an unsigned draft expires after 30 days. If the attorney needs a change, filing.status is changes and note says what to do.
Common questions
Can an agent sign the declaration?
No. It's made under penalty of law, so only the owner can sign it.
What does a filing cost?
Call get_pricing or quote_application for current fees. There's one flat price plus the USPTO's fee per class.
Can an application change after signing?
Not through the API. If the attorney needs a change, the filing's status shows what's needed.