UNITED STATES: REQUIREMENTS FOR PATENTS AND DESIGN PATENT

An application for a utility patent or design patent shall be made by the inventor(s) to the Commissioner for Patents. An application may be filed in a language other than English provided a verified English translation accompanies the application or is provided thereafter upon request by the U.S. Patent Office.

A complete application comprises:

1. a specification, including one or more claims;
2. a Declaration by all the inventor(s) with their names, addresses and citizenship;
3. Power of Attorney;
4. Drawings as needed

1. SPECIFICATION: The specification for a patent must include a written description of the invention and of the manner of making and using the same. The claims which can be independent, or dependent, must particularly point out and distinctly claim the subject matter which the applicant regards as the invention. The criteria for patentability are novelty, utility and non-obviousness. An additional requirement for designs is ornamentation. The specification for designs is limited to a brief description of the views shown. The wording of the single claim is: The design for a - - -, as shown and described.

2. DECLARATION: The declaration must be signed and dated by all the inventors and should include their full names, addresses and citizenship. While it is preferable to submit the executed declaration with the application, it can be filed, with a surcharge, after the filing of the application.

3. DRAWINGS: An application can be filed with informal drawings. The submission of formal drawings can be delayed until after the application has been allowed.

4. STATEMENT OF SMALL ENTITY: There are different filing fees for large entities and small entities. If an applicant qualifies as a small entity, the filing fee is reduced by one-half (1/2).

5. PRIORITY CLAIM: An applicant is entitled to the priority benefits of an earlier filed application in a foreign country if the foreign country grants similar rights to U.S. applications or U.S. citizens, provided the U.S. utility patent application is filed within twelve (12) months or the U.S. design patent application is filed within six (6) months of the earliest filed foreign application. A claim to priority must be made at the time of filing, and a certified copy of the original foreign application must be filed in the U.S. Patent Office before the patent is granted.

6. INFORMATION DISCLOSURE STATEMENT: It is strongly recommended that the applicant submit an Information Disclosure Statement (IDS) either at the time of filing the application or within three (3) months of the filing. The IDS should disclose all relevant prior art, including patents, publications, etc.

7. CONFIDENTIALITY: Applications are maintained in confidence by the U.S. Patent Office, and no information concerning the application will be divulged without authority of the applicant or owner.

8. ASSIGNMENT: Applications or any interest therein, can be assigned and will be recorded, provided the assignment is in writing. It is recommended that the assignment include a notarial acknowledgment. An assignment can be filed at any time during the pendency of the application or after grant of the patent.