See MPEP As discussed above, the specification of a patent application includes a written description disclosing the invention in detail. The specification is typically comprised of multiple parts, each of which will be discussed below. The title of the invention or an introductory portion stating the name, citizenship, residence of each applicant, and the title of the invention should appear as the heading on the first page of the specification. Although a title may have up to characters, the title must be as short and specific as possible.
Any nonprovisional utility patent application claiming the benefit of one or more prior-filed copending nonprovisional applications or international applications designating the United States of America under 35 U. See 37 C. Cross-references to other related patent applications may be made when appropriate. This section should contain a statement as to rights to inventions made under federally sponsored research and development if any.
See MPEP for more information. This section should include a statement of the field of endeavor to which the invention pertains. This section may also include a paraphrasing of the applicable U. Also, it should contain a description of information known to you, including references to specific documents, which are related to your invention. It should contain, if applicable, references to specific problems involved in the prior art or state of technology which your invention is drawn toward.
This section should present the substance or general idea of the claimed invention in summarized form. The summary can include the advantages of the invention and how it solves previously existing problems.
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A statement of the object of the invention may also be included. Where there are drawings, you must include a listing of all figures by number e. In this section, the invention must be explained along with the process of making and using the invention in full, clear, concise, and exact terms. This section should distinguish the invention from other inventions and from what is old and describe completely the process, machine, manufacture, composition of matter, or improvement invented. In the case of an improvement, the description should be confined to the specific improvement and to the parts that necessarily cooperate with it or which are necessary to completely understand the invention.
It is required that the description be sufficient so that any person of ordinary skill in the pertinent art, science, or area could make and use the invention without extensive experimentation.
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The best mode contemplated by the inventor of carrying out the invention must be set forth in the description. Each element in the drawings should be mentioned in the description. The non-electronic filing fee does not apply to reissue, design, plant, or provisional applications. EFS-Web is a web-based patent application and document submission system in which anyone with a web-enabled computer can file patent applications without downloading special software or changing document preparation tools and processes. More information is available at:. If an applicant files a non-provisional utility application in a language other than English without the translation, statement, or fee, the Applicant will be given a notice and time period to submit the missing item s.
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A nonprovisional utility patent application must include a specification, including a description and a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and examination fees. Note that by filing the nonprovisional utility application electronically via EFS-Web, the basic filing fee for an applicant qualifying for small entity status is reduced by 50 percent.
For applicants qualifying as micro entities, the basic filing fee may be reduced up to 75 percent. Other application documents, such as drawings and a hand-signed declaration, may have to be scanned as a PDF file for filing via EFS-Web. The application pages must be numbered consecutively centrally located above or below the text starting with page one.
In addition, the PDF document size should be 8. The text must be a nonscript font e. When appropriate, correspondence should also be marked for the attention of a particular office or individual.
All correspondence concerning patent matters processed by organizations reporting to the Commissioner for Patents should be addressed to: Notices of appeal, appeal briefs, reply briefs, requests for oral hearing, as well as all other correspondence in an application or a patent involved in an appeal to the Board for which an address is not otherwise specified, should be addressed as set out in paragraph a 1 i of this section. Correspondence to counsel for the Director of the Office of Enrollment and Discipline relating to disciplinary proceedings pending before a Hearing Officer or the Director shall be mailed to: Box , Alexandria, Virginia Correspondence to the Office of the Solicitor not otherwise provided for shall be addressed to: Correspondence to the Office of the General Counsel not otherwise provided for, including correspondence to the General Counsel relating to disciplinary proceedings, shall be addressed to: Correspondence improperly addressed to a Post Office Box specified in paragraphs a 3 i and a 3 ii of this section will not be filed elsewhere in the United States Patent and Trademark Office, and may be returned.
All patent-related documents submitted by mail to be recorded by Assignment Services Division, except for documents filed together with a new application, should be addressed to: All requests for certified or uncertified copies of patent documents should be addressed to: All applications for extension of patent term under 35 U. All business with the Patent and Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and Trademark Office is unnecessary.
The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt. Applicants and their attorneys or agents are required to conduct their business with the United States Patent and Trademark Office with decorum and courtesy.
Papers presented in violation of this requirement will be submitted to the Director and will not be entered. A notice of the non-entry of the paper will be provided. Complaints against examiners and other employees must be made in correspondence separate from other papers.
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See particularly the rules relating to the filing, processing, or other proceedings of national applications in subpart B of this part; of international applications in subpart C of this part; of ex parte reexaminations of patents in subpart D of this part; of supplemental examination of patents in subpart E of this part; of extension of patent term in subpart F of this part; of inter partes reexaminations of patents in subpart H of this part; of international design applications in subpart I of this part; and of the Patent Trial and Appeal Board in parts 41 and 42 of this chapter.
The filing of duplicate copies of correspondence in the file of an application, patent, or other proceeding should be avoided, except in situations in which the Office requires the filing of duplicate copies. The Office may dispose of duplicate copies of correspondence in the file of an application, patent, or other proceeding. Subjects provided for on a single Office or World Intellectual Property Organization form may be contained in a single paper. Each piece of correspondence, except as provided in paragraphs d 2 , d 3 , d 4 , e , and f of this section, filed in an application, patent file, or other proceeding in the Office which requires a person's signature, must:.
In the event that a copy of the original is filed, the original should be retained as evidence of authenticity. If a question of authenticity arises, the Office may require submission of the original. An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by paragraph d 1 of this section.
An S-signature includes any signature made by electronic or mechanical means, and any other mode of making or applying a signature other than a handwritten signature as provided for in paragraph d 1 of this section. The requirements for an S-signature under this paragraph d 2 of this section are as follows. Jones, Jr. The number character may be used only as part of the S-signature when appearing before a practitioner's registration number; otherwise the number character may not be used in an S-signature.
A Presented in printed or typed form preferably immediately below or adjacent the S-signature, and. Correspondence permitted via the Office electronic filing system may be signed by a graphic representation of a handwritten signature as provided for in paragraph d 1 of this section or a graphic representation of an S-signature as provided for in paragraph d 2 of this section when it is submitted via the Office electronic filing system.
The person inserting a signature under paragraph d 2 or d 3 of this section in a document submitted to the Office certifies that the inserted signature appearing in the document is his or her own signature. A person submitting a document signed by another under paragraph d 2 or d 3 of this section is obligated to have a reasonable basis to believe that the person whose signature is present on the document was actually inserted by that person, and should retain evidence of authenticity of the signature.
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The Office provides forms for the public to use in certain situations to assist in the filing of correspondence for a certain purpose and to meet certain requirements for patent applications and proceedings. Use of the forms for purposes for which they were not designed is prohibited. No changes to certification statements on the Office forms e. The existing text of a form, other than a certification statement, may be modified, deleted, or added to, if all text identifying the form as an Office form is removed.
Assistance includes the preparation for the applicant of the specification and amendments or other papers to be filed in the Patent and Trademark Office, as well as other assistance in such matters, but does not include merely making drawings by draftsmen or stenographic services in typing papers. The Office may require ratification, confirmation which includes submission of a duplicate document but with a proper signature , or evidence of authenticity of a signature, such as when the Office has reasonable doubt as to the authenticity veracity of the signature, e.
When correspondence directed to the Patent and Trademark Office concerns a previously filed application for a patent, it must identify on the top page in a conspicuous location, the application number consisting of the series code and the serial number; e. Any correspondence not containing such identification will be returned to the sender where a return address is available.
The returned correspondence will be accompanied with a cover letter, which will indicate to the sender that if the returned correspondence is resubmitted to the Patent and Trademark Office within two weeks of the mail date on the cover letter, the original date of receipt of the correspondence will be considered by the Patent and Trademark Office as the date of receipt of the correspondence. If the returned correspondence is not resubmitted within the two-week period, the date of receipt of the resubmission will be considered to be the date of receipt of the correspondence.
The two-week period to resubmit the returned correspondence will not be extended. In addition to the application number, all correspondence directed to the Patent and Trademark Office concerning applications for patent should also state the name of the first listed inventor, the title of the invention, the date of filing the same, and if known, the group art unit or other unit within the Patent and Trademark Office responsible for considering the correspondence and the name of the examiner or other person to which it has been assigned.
Correspondence received in the Patent and Trademark Office is stamped with the date of receipt except as follows:. Except for correspondence transmitted by facsimile under paragraph a 3 of this section, or filed electronically under paragraph a 4 of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia. In addition to being mailed, correspondence may be delivered by hand during hours the Office is open to receive correspondence.
Except in the cases enumerated below, correspondence, including authorizations to charge a deposit account, may be transmitted by facsimile. The receipt date accorded to the correspondence will be the date on which the complete transmission is received in the United States Patent and Trademark Office, unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
What are the parts needed to draft a valid nonprovisional patent application?
See paragraph a 3 of this section. To facilitate proper processing, each transmission session should be limited to correspondence to be filed in a single application or other proceeding before the United States Patent and Trademark Office. The application number of a patent application, the control number of a reexamination or supplemental examination proceeding, the interference number of an interference proceeding, the trial number of a trial proceeding before the Board, or the patent number of a patent should be entered as a part of the sender's identification on a facsimile cover sheet.
Facsimile transmissions are not permitted and, if submitted, will not be accorded a date of receipt in the following situations:. When the day, or the last day fixed by statute or by or under this part for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or on a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding business day which is not a Saturday, Sunday, or a Federal holiday. Patent and Trademark Office within a set period of time will be considered as being timely filed if the procedure described in this section is followed.
The actual date of receipt will be used for all other purposes. Postal Service with sufficient postage as first class mail;. The person signing the certificate should have reasonable basis to expect that the correspondence would be mailed or transmitted on or before the date indicated.
E The filing of correspondence in an international application before the U. Receiving Office, the U. International Searching Authority, or the U.
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International Preliminary Examining Authority;. A Correspondence filed in connection with a disciplinary proceeding under part 11 of this chapter. If the correspondence was sent by facsimile transmission, a copy of the sending unit's report confirming transmission may be used to support this statement. If the correspondence was transmitted via the Office electronic filing system, a copy of an acknowledgment receipt generated by the Office electronic filing system confirming submission may be used to support this statement.
See paragraphs c , d and e of this section. The announcement shall include at least the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor, name of the owner of record, name of the attorney or agent of record, and examining group to which the reissue application is assigned.
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The announcement shall include at least the date of the request, if any, the reexamination request control number or the Director initiated order control number, patent number, title, class and subclass, name of the inventor, name of the patent owner of record, and the examining group to which the reexamination is assigned.
A nonprofit organization , as used in paragraph c of this section, means any nonprofit organization that:. A A university or other institution of higher education located in any country;. B An organization of the type described in section c 3 of the Internal Revenue Code of 26 U. C Any nonprofit scientific or educational organization qualified under a nonprofit organization statute of a state of this country 35 U. D Any nonprofit organization located in a foreign country which would qualify as a nonprofit organization under paragraphs a 3 ii B of this section or a 3 ii C of this section if it were located in this country.
A security interest does not involve an obligation to transfer rights in the invention for the purposes of paragraphs a 1 through a 3 of this section unless the security interest is defaulted upon. Establishment of small entity status allows the payment of certain reduced patent fees pursuant to 35 U. Any party person, small business concern or nonprofit organization should make a determination, pursuant to paragraph f of this section, of entitlement to be accorded small entity status based on the definitions set forth in paragraph a of this section, and must, in order to establish small entity status for the purpose of paying small entity fees, actually make an assertion of entitlement to small entity status, in the manner set forth in paragraphs c 1 or c 3 of this section, in the application or patent in which such small entity fees are to be paid.
Small entity status may be established by a written assertion of entitlement to small entity status. A written assertion must:. While no specific words or wording are required to assert small entity status, the intent to assert small entity status must be clearly indicated in order to comply with the assertion requirement.