111. Application for patent


111. Application for patent

This statute addresses several patent application requirements. Specifically, it:

  • requires that an application for a patent must be made or authorized by the inventor

  • sets out the information that must be contained in a patent application and provisional patent application, and

  • establishes what constitutes a filing date.

  1. In general.—

    1. Written application. An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director.

    2. Contents. Such application shall include—

      1. a specification as prescribed by section 112 of this title;

      2. drawing as prescribed by section 113 of this title; and

      3. an oath by the applicant as prescribed by section 115 of this title.

    3. Fee and oath. The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.

    4. Failure to submit. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Director that the delay in submitting the fee and oath was unavoidable or unintentional. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.

  2. Provisional application.—

    1. Authorization. A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include—

      1. a specification as prescribed by the first paragraph of section 112 of this title; and

      2. a drawing as prescribed by section 113 of this title.

    2. Claim. A claim, as required by the second through fifth paragraphs of section 112, shall not be required in a provisional application.

    3. Fee.

      1. The application must be accompanied by the fee required by law.

      2. The fee may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.

      3. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Director that the delay in submitting the fee was unavoidable or unintentional.

    4. Filing date. The filing date of a provisional application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.

    5. Abandonment. Notwithstanding the absence of a claim, upon timely and as prescribed by the Director, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3) of this title, if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival after such 12-month period.

    6. Other basis for provisional application. Subject to all the conditions in this subsection and section 119(e) of this title, and as prescribed by the Director, an application for patent filed under subsection (a) may be treated as a provisional application for patent.

    7. No right of priority or benefit of earliest filing date. A provisional application shall not be entitled to the right of priority of any other application under section 119 or 365(a) of this title or to the benefit of an earlier filing date in the United States under section 120, 121, or 365(c) of this title.

    8. Applicable provisions. The provisions of this title relating to applications for patent shall apply to provisional applications for patent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 115, 131, 135, and 157 of this title.




Patent Copyright & Trademark
Patent, Copyright & Trademark: An Intellectual Property Desk Reference
ISBN: 1413309208
EAN: 2147483647
Year: 2003
Pages: 152

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