Application For A Patent
Provisional Application for a Patent
Non-Provisional Application for a Utility Patent
A
non-provisional
application for a patent is made to the Assistant Commissioner for Patents
and includes:
(1) A written document which comprises a specification (description
and claims),
and an oath or declaration;
(2) A drawing in those cases in which a drawing is necessary; and
(3) The filing fee. Payment of small entity fees must be supported by a small
entity statement. See Forms PTO/SB/09-12. See the fee schedule. Fees change each
October.
All application papers must be in the English language or a translation into the
English language will be required along with the required fee set forth in 37
CFR 1.17(k). All application papers must be legibly written on only one side
either by a typewriter or mechanical printer in permanent dark ink or its
equivalent in portrait orientation on flexible, strong, smooth, non-shiny,
durable and white paper.
The papers must be presented in a form having sufficient clarity and contrast
between the paper and the writing to permit electronic reproduction. The
application papers must all be the same size -- —either 21.0 cm by 29.7 cm (DIN
size A4) or 21.6 cm by 27.9 cm (8 1/2 by 11 inches), with a top margins of at
least 2.0 cm (3/4 inch), a left side margin of at least 2.5 cm (1 inch), a right
side margin of at least 2.0 cm (3/4 inch) and a bottom margin of at least 2.0 cm
(3/4 inch) with no holes made in the submitted papers. It is also required that
the spacing on all papers be 1 1/2 or double spaced and the application papers
must be numbered consecutively (centrally located above or below the text)
starting with page one.
The application for patent is not forwarded for examination until
all required parts, complying with the rules related thereto, are received. If
any application is filed without all the required parts for obtaining a filing
date (incomplete or defective), the applicant will be notified of the
deficiencies and given a time period to complete the application filing (a
surcharge may be required)—at which time a filing date as of the date of such a
completed submission will be obtained by the applicant. If the omission is not
corrected within a set, specified time period, the application will be returned
or otherwise disposed of; the filing fee if submitted will be refunded less a
handling fee as set forth in the fee schedule.
It is desirable that all parts of the complete application be deposited in the
U.S. Patent Office together; otherwise each part must be signed and a letter
must accompany each part, accurately and clearly connecting it with the other
parts of the application.
All applications received in the PTO are numbered in serial order and the
applicant will be informed of the application serial number and filing date by a
filing receipt.
The filing date of an application for patent is the date on which a
specification (including at least one claim) and any drawings necessary
to understand the subject matter sought to be patented are received in the PTO;
or the date on which the last part completing the application is received in the
case of a previously incomplete or defective application.
Provisional Application for a Patent
Since June 8, 1995, the PTO has offered inventors the option of filing a provisional
application for patent which was designed to provide a lower cost first
patent filing in the United States and to give U.S. applicants parity with
foreign applicants. Claims and oath or declaration are NOT required for a
provisional application. Provisional application provides the means to establish
an early effective filing date in a patent application and permits the term
“Patent Pending” to be applied in connection with the invention. Provisional
applications may not be filed for design inventions.
The filing date of a provisional application is the date on which a written
description of the invention, drawings if necessary, and the name of the
inventor(s) are received in the PTO. To be complete, a provisional application
must also include the filing fee, and a cover sheet specifying that the
application is a provisional application for patent. Applicant would then have
up to twelve months to file a non-provisional application for patent as
described above. The claimed subject matter in the later filed non-provisional
application is entitled to the benefit of the filing date of the provisional
application if it has support in the provisional application.
Provisional applications are not examined on
their merits. A provisional application will become abandoned by the operation
of law twelve months from its filing date. The twelve month pendency for a
provisional application is not counted toward the 20 year term of a patent
granted on a subsequently filed non-provisional application which relies on the
filing date of the provisional application.
A surcharge is required for filing the basic filing fee or the cover sheet on a
date later than the filing of the provisional application.