App Requirements

App Requirements

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Section 600 of the M.P.E.P. is dedicated to the “Parts, Form, and Content of [an] Application.”  Over 161 pages are therefore dedicated to this one subject alone.^[1]The student is invited to at least familiarize him/herself with this section.  At a minimum, it will need to be reviewed at some time before you take the patent bar.   Notwithstanding all of the concepts taught therein, we will review some of the main subjects here.

In order for a patent application to receive a filing date (and thus qualify potentially for a priority date), an application must include a valid description, claim, and a drawing.  Although these requirements would enable an application to receive a filing date, more than these three things are required in order to properly submit an application.  For example, a fee and oath are required.  Additionally, the application must be filed in proper format.^[2]See, e.g., 37 CFR §1.52 (describing requirements relating to language, paper, writing, margins, and compact disc specifications).   However, although the fee and oath may be provided at a later date, a surcharge will be applied if it is not submitted on the same day as the submitted application.^[3]See, e.g., “The Inventor’s Oath and Declaration,” AIA Inventor’s Oath or Declaration Quick Reference Guide, available at … Continue reading   (Moreover, all the fee and oath must be submitted on the same day as the application to receive Track One examination). 

Other documents that must be submitted at some time include a power of attorney form^[4]Available at http://www.uspto.gov/forms/aia0080.pdf. , an assignment (if applicable)^[5]Available at http://www.uspto.gov/web/forms/pto1595.pdf. “To record an assignment or name change, the owner must file a Recordation Form Cover Sheet along with a copy of the actual assignment or … Continue reading , an entity status (e.g. micro entity, small entity, etc.)^[6]Available at http://www.uspto.gov/forms/sb0015a.pdf. , an information disclosure statement (“IDS”)^[7]Available at http://www.uspto.gov/web/forms/sb0008a.pdf. , a cover sheet^[8]Available at http://www.uspto.gov/forms/aia0015.pdf. , and an application data sheet (“ADS”). ^{[9]Available at http://www.uspto.gov/forms/sb0014.pdf. [10]Many law firms provide an overview of such forms on their website. For example, the law firm IP Legal Services provides a webpage with a list of forms. See, e.g., … Continue reading}