37 CFR § 1.51 — General requisites of an (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.51 General requisites of an
This page consolidates MPEP guidance interpreting 37 CFR § 1.51, including 146 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The General requisites of a patent application define the fundamental components and structural requirements for filing with the United States Patent and Trademark Office.
What this section covers
- Outline the essential elements required for a complete patent application filing.
- Specify the mandatory documentation needed to initiate the patent application process.
Key obligations
- Ensure the application includes a specification that comprehensively describes the invention.
- Include an inventor's oath or declaration as a critical component of the application.
- Disclose any governmental interests for inventions developed under federally sponsored research.
Conditions and exceptions
- Recognize different requirements for provisional and nonprovisional patent applications.
Practice notes
- Carefully prepare the specification to comprehensively describe the invention and its claims.
- Ensure all required documentation is complete and accurately reflects the invention's details.
Official MPEP § 1.51 — General requisites of an
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.51 General requisites of an application.
- (a) Applications for patents must be made to the Director of the United States Patent and Trademark Office. An application transmittal letter limited to the transmittal of the documents and fees comprising a patent application under this section may be signed by a juristic applicant or patent owner.
- (b) A complete application filed under §
1.53(b)
or §
1.53(d)
comprises:
- (1) A specification as prescribed by 35 U.S.C. 112 , including a claim or claims, see §§ 1.71 to 1.77 ;
- (2) The inventor’s oath or declaration, see §§ 1.63 and 1.64 ;
- (3) Drawings, when necessary, see §§ 1.81 to 1.85 ; and
- (4) The prescribed filing fee, search fee, examination fee, and application size fee, see § 1.16 .
- (c) A complete provisional application filed under §
1.53(c)
comprises:
- (1) A cover sheet identifying:
- (i) The application as a provisional application,
- (ii) The name or names of the inventor or inventors, (see § 1.41(a)(2) ),
- (iii) The residence of each named inventor,
- (iv) The title of the invention,
- (v) The name and registration number of the attorney or agent (if applicable),
- (vi) The docket number used by the person filing the application to identify the application (if applicable),
- (vii) The correspondence address, and
- (viii) The name of the U.S. Government agency and Government contract number (if the invention was made by an agency of the U.S. Government or under a contract with an agency of the U.S. Government);
- (2) A specification as prescribed by 35 U.S.C. 112(a) , see § 1.71 ;
- (3) Drawings, when necessary, see §§ 1.81 to 1.85 ; and
- (4) The prescribed filing fee and application size fee, see § 1.16 .
- (1) A cover sheet identifying:
- (d) Applicants are encouraged to file an information disclosure statement in nonprovisional applications. See § 1.97 and § 1.98 . No information disclosure statement may be filed in a provisional application.
[42 FR 5593, Jan. 28, 1977; paras. (a) and (c), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; paras. (a) and (b), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; para. (b), 57 FR 2021, Jan. 17, 1992, effective Mar. 16, 1992; paras. (a) & (b) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (b)(4) and (c)(4) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; para. (c)(2) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; para. (b)(2) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (a) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
-
- Access Document Types
-
- Aia Overview
-
-
-
- App Types Provisional
-
- Continuing Applications
- Cip Applications
- Continuation Applications
-
- Correspondence Address
- Design Patents
- Design Priority Benefit
- Design Term
- Examination Procedure
-
- Action Types
-
-
- International Design
- Ida Filing
- Ida Requirements
- Ida Contents
- Maintenance Fee Late
-
- Claims
-
- Ptab Contested Case
-
-
- Reissue Oath Declaration
-
- Sequence Listing
-
- Signature Assignee