A non-provisional application for a patent is made to the Assistant
Commissioner for Patents and includes:
(1) A written document which comprises a specification (description and
claims), and an oath or declaration;
(2) A drawing in those cases in which a drawing is necessary; and
(3) The filing fee. See the fee schedule.
All application papers must be in the English language or accompanied by
a verified translation into the English language along with the required
fee set forth in 37 CFR 1.17(k). All application papers must be legibly
written either by a typewriter or mechanical printer in permanent dark
ink or its equivalent in portrait orientation on flexible, strong,
smooth, non-shiny, durable and white paper.
The papers must be presented in a form having sufficient clarity and
contrast between the paper and the writing to permit electronic
reproduction. The application papers must all be the same size—either
21.0 cm by 29.7 cm (DIN size A4) or 21.6 cm by 27.9 cm (8½ by 11
inches), with a top margins of at least 2.0 cm (¾ inch), a left side
margin of at least 2.5 cm (1 inch), a right side margin of at least 2.0
cm (¾ inch) and a bottom margin of at least 2.0 cm (¾ inch) with no
holes made in the submitted papers. It is also required that the spacing
on all papers be 1½ or double spaced and the application papers must be
numbered consecutively (centrally located above or below the text)
starting with page one.
The application for patent is not forwarded for examination until all
required parts, complying with the rules related thereto, are received.
If any application is filed without all the required parts for obtaining
a filing date (incomplete or defective), the applicant will be notified
of the deficiencies and given a time period to complete the application
filing (a surcharge may be required)—at which time a filing date as of
the date of such a completed submission will be obtained by the
applicant. If the omission is not corrected within a set, specified time
period, the application will be returned or otherwise disposed of; the
filing fee if submitted will be refunded less a handling fee as set
forth in the fee schedule.
It is desirable that all parts of the complete application be deposited
in the Office together; otherwise each part must be signed and a letter
must accompany each part, accurately and clearly connecting it with the
other parts of the application.
All applications received in the PTO are numbered in serial order and
the applicant will be informed of the application serial number and
filing date by a filing receipt.
The filing date of an application for patent is the date on which the
names of the inventors, a specification (including claims) and any
required drawings are received in the PTO; or the date on which the last
part completing the application are received in the case of a previously
incomplete or defective application.