Non-Provisional Application for a Patent

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.

Patents and How to Get One: A Practical Handbook · 第 17 / 44 题