37 CFR § 1.77 — Arrangement of application elements. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.77 Arrangement of application elements.
This page consolidates MPEP guidance interpreting 37 CFR § 1.77, including 220 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 Arrangement of application elements requires including a statement in the specification for any grace period inventor-originated public disclosures.
What this section covers
- Define what this section covers at a high level, including the grace period inventor-originated public disclosures.
- Identify the core topic and scope of guidance in this section, which pertains to including statements regarding any such disclosures in the specification.
Key obligations
- State the primary requirement practitioners must satisfy, which is to include a statement regarding any grace period inventor-originated public disclosures in the specification upon filing.
- State an additional required element or condition if applicable, such as ensuring the statement is included in a manner that complies with USC/CFR requirements.
- State a key compliance obligation tied to authority (USC/CFR), which is the requirement for including such statements in the specification.
Practice notes
- Give a practical drafting or filing tip grounded in this section, such as ensuring the statement is clear and unambiguous.
- Call out a common pitfall or best practice relevant to this section, such as failing to include the statement in the specification.
Official MPEP § 1.77 — Arrangement of application elements.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.77 Arrangement of application elements.
- (a) The elements of the application, if applicable,
should appear in the following order:
- (1) Utility application transmittal form.
- (2) Fee transmittal form.
- (3) Application data sheet (see § 1.76 ).
- (4) Specification.
- (5) Drawings.
- (6) The inventor’s oath or declaration.
- (b) The specification should include the following
sections in order:
- (1) Title of the invention, which may be accompanied by an introductory portion stating the name, citizenship, and residence of the applicant (unless included in the application data sheet).
- (2) Cross-reference to related applications.
- (3) Statement regarding federally sponsored research or development.
- (4) The names of the parties to a joint research agreement.
- (5) An incorporation by reference statement
regarding the material in:
- (i) One or more ASCII plain text files, submitted via the USPTO patent electronic filing system or on one or more read-only optical discs ( see § 1.52(e)(8) ), identifying the names of each file, the date of creation of each file, and the size of each file in bytes, for the following document types:
- (ii) An XML file for a “Sequence Listing XML” ( see § 1.831(a) ), submitted via the USPTO patent electronic filing system or on one or more read-only optical discs ( see § 1.52(e)(8) ), identifying the names of each file, the date of creation of each file, and the size of each file in bytes.
- (6) Statement regarding prior disclosures by the inventor or a joint inventor.
- (7) Background of the invention.
- (8) Brief summary of the invention.
- (9) Brief description of the several views of the drawing.
- (10) Detailed description of the invention.
- (11) A claim or claims.
- (12) Abstract of the disclosure.
- (13) “Sequence Listing,” required by § 1.821(c) , that is submitted as a Portable Document Format (PDF) file (as set forth in § 1.821(c)(2) ) via the USPTO patent electronic filing system or on physical sheets of paper (as set forth in § 1.821(c)(3) ).
- (c) The text of the specification sections defined in paragraphs (b)(1) through (b)(12) of this section, if applicable, should be preceded by a section heading in uppercase and without underlining or bold type.
[43 FR 20464, May 11, 1978; 46 FR 2612, Jan. 12, 1981; paras. (h) and (i), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; revised, 61 FR 42790, Aug. 19, 1996, effective Sept. 23, 1996; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; paras. (b) and (c) revised, 70 FR 1818, Jan. 11, 2005, effective Dec. 10, 2004; para. (a)(6) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (b)(2) revised, (b)(6)-(12) redesignated as (b)(7)-(13), and para. (b)(6) added, 78 FR 11024, Feb. 14, 2013, effective Mar. 16, 2013; paras. (b)(5) and (b)(13) revised, 86 FR 57035, Oct. 14, 2021, effective Nov. 15, 2021; para. (b)(13) corrected, 86 FR 73985, Dec. 29, 2021, effective Dec. 29, 2021; para. (b)(5) revised, 87 FR 30806, May 20, 2022, effective July 1, 2022]
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