patents


Utility Patent Application

This guide to filing a utility patent application for a non-provisional utility patent is presented in sequential order.

Nonprovisional Utility Patent Application Requirements

A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.

Utility - Patent Application Transmittal Form And Appropriate Fee

A transmittal letter should be filed with every utility patent application to instruct the USPTO as to what actual types of papers are being filed and the amount and type of filing fees are dependent upon the number and type of claims presented.

Patent Application Data Sheet

The utility patent application data sheet is a sheet(s), that may be voluntarily submitted in either provisional or nonprovisional patent applications, which contains bibliographic data, arranged in a format specified by the USPTO.

Specification

The specification is a written description of the invention and of the manner and process of making and using the same invention. The specification must be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention pertains to make and use the invention.

Parts of Specification (In Order) Needed For Utility Patent Application

* Title Of Invention

* Cross-Reference To Related Applications

* Statement Regarding Federally Sponsored Research Or Development

* Reference To A Sequence Listing, A Table, Or A Computer Program Listing Compact Disc Appendix

* Background Of The Invention

* Brief Summary Of The Invention

* Brief Description Of The Several Views Of The Drawing

* Detailed Description Of The Invention

* Claim Or Claims

* Abstract Of The Disclosure

* Drawings (When Necessary)

* Oath Or Declaration

* Sequence Listing (When Necessary)

Obtaining A Receipt For Utility Patent Application Documents Mailed To The USPTO

A receipt for utility patent application documents mailed to the USPTO can be obtained by attaching a stamped, self-addressed postcard to the first page of the documents included in the patent application.

Drawing Requirements

A utility patent application is required to contain drawings if drawings are necessary for the understanding of the subject matter sought to be patented.

The term of a U.S. utility patent is 20 years from the date on which the utility patent application was filed. If the utility patent application contains a specific reference to an earlier filed application for Continuation (applications that broaden the scope of a previous disclosed invention) and Continuation-in-Part (applications that add new matter or material to a previously disclosed invention) applications, for Divisional (applications that arise from dividing a previous application that contains two separate inventions) applications or for International utility patent applications, the term begins from the date the earliest such utility patent application was filed.

 

 

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