What is the basis for disclosure in a patent application?
The basis for disclosure in a patent application is outlined in MPEP 608. It states: “Applicant may rely for disclosure upon the specification with original claims and drawings, as filed.” This means that the original specification, claims, and drawings submitted at the time of filing form the foundation of the disclosure. Any amendments or new…
Read MoreWhat should be included in the brief description of drawings for a patent application?
The brief description of drawings for a patent application should include: A reference to each figure by number (e.g., Figure 1, Figure 2) A brief explanation of what each figure depicts According to MPEP 608.01(f): The specification must contain or be amended to contain a brief description of the several views of the drawings. It’s…
Read MoreWhat constitutes ‘new matter’ in a patent application?
‘New matter’ refers to any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. As stated in MPEP 608.04(a): Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing…
Read MoreWhen are drawings required in a patent application?
According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically: For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention. For applications…
Read MoreWhat constitutes a complete patent application for filing date purposes?
A complete patent application for filing date purposes must include: A specification containing a description as per 37 CFR 1.71 At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75 Any drawings required by 37 CFR 1.81(a) As stated in the MPEP: “The filing date of the provisional or nonprovisional application…
Read MoreWhat are the requirements for a complete patent application?
What are the requirements for a complete patent application? A complete patent application must include the following elements: Specification (including a description and claim(s)) Drawing(s) (when necessary) Oath or declaration Filing, search, and examination fees As stated in MPEP 601.01: ‘The application for patent as filed must include a specification as prescribed by 35 U.S.C.…
Read MoreWhat are the consequences of filing a nonprovisional application without drawings?
Filing a nonprovisional application without drawings can have significant consequences: The application may be considered incomplete. It may not receive a filing date. The applicant will be notified of the deficiency. As stated in MPEP 601.01(a): ‘If the specification of a nonprovisional application does not include at least one drawing, if necessary under 35 U.S.C.…
Read MoreWhat are the requirements for a design patent application to receive a filing date?
For a design patent application to receive a filing date, it must include: A specification as prescribed by 35 U.S.C. 112 At least one claim Any required drawings These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA)…
Read MoreCan I include detailed descriptions of the drawings in the Brief Description section?
No, detailed descriptions of the drawings should not be included in the Brief Description section of a patent application. According to MPEP 608.01(f): The specification should not normally describe the drawings in detail, but should concentrate on defining the invention. The Brief Description section should only contain: References to each figure by number A concise…
Read MoreShould I include drawings or chemical formulas in my patent application abstract?
While the abstract itself should not include drawings, it can refer to them. The MPEP 608.01(b) provides guidance on including references to drawings and chemical formulas: Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a…
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