Patent Applications - How To File For A Utility Patent

• <Introduction

Remember the application you write eventually becomes your patent. It is a legal document that must be written clearly, precisely and in a particular format. If you have read a few patents, you may have found the language and style difficult to understand. But the more you become familiar with the structure of a patent document, the clearer the descriptions and claims will become. Keep in mind that there is a reason they are written this way. It’s to make your invention and claims clear to the examiner and anyone else reading your patent.

A nonprovisional utility patent application must be in the English language or it must be accompanied by a verified translation in the English language and an extra fee.

Paper Formats

• All papers which are to become part of the permanent records of the USPTO must be typewritten or produced by a mechanical (or computer) printer.
• The text must be in permanent black ink or its equivalent.
• It has to be printed on a single side of the paper.{/li]
• The paper must be in portrait orientation.
• It has to be white paper and the pages have to be all the same size.
• The paper has to be flexible, strong, smooth, non-shiny, durable, and without holes.
• Don't use old, delicate, dirty, or damaged paper.
• Don't use stiff cardboard.
• Don't use punched paper.
You can use regular, new, white inkjet paper.

The paper size must be either:

• 21.6 cm. by 27.9 cm. (8 1/2 by 11 inches), or
• 21.0 cm. by 29.7 cm. (DIN size A4).

The margins must be:

• There must be a left margin of at least 2.5 cm. (1 inch)
• There must be top, right, and bottom margins of at least 2.0 cm. (3/4 inch).

Computer program listings, when submitted as part of the specification:

• Must be direct printouts (not copies) from the computer's printer
• With dark, solid black letters not less than 0.21 cm. (0.08 inch) high (elite type)
• On white, unshaded and unlined paper
• And the sheets should be submitted in a protective cover.

The requirements for any drawing pages are separate.

The Application Must Include

A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fees. A complete nonprovisional utility patent application should contain the elements listed below, arranged in the order shown.

1. Utility Patent Application Transmittal Form or Transmittal Letter
2. Fee Transmittal Form and Appropriate Fees
3. Application Data Sheet
4. Specification (with at least one claim)
5. Drawings (when necessary)
6. Oath or Declaration
7. Nucleotide and/or Amino Acid Sequence Listing (when necessary)

The specification and the patent drawings (the body of the patent) will be the most difficult parts of the patent application to write; the claims within the specification are where you legally define your patent.

Next > Writing the Specification