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Patent Applications - How To File For A Utility Patent

Writing the Specification For A Utility Patent

By , About.com Guide

TITLE OF INVENTION

The title of the invention (or an introductory portion stating the name, citizenship, residence of each applicant, and the title of the invention) should appear as the heading on the first page of the specification. Although a title may have up to 500 characters, the title must be as short and specific as possible.

CROSS-REFERENCE TO RELATED APPLICATIONS

Any nonprovisional utility patent application claiming the benefit of one or more prior filed co-pending nonprovisional applications (or international applications) under laws 120, 121 or 365(c) must contain in the first sentence of the specification following the title, a reference to each prior application, identifying it by the application number or international application number and international filing date, and indicating the relationship of the applications, or include the reference to the earlier application in an application data sheet. Cross-references to other related patent applications may be made when appropriate.

STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

The application should contain a statement as to rights to inventions made under federally sponsored research and development (if any).

REFERENCE TO A SEQUENCE LISTING, A TABLE, OR A COMPUTER PROGRAM, LISTING COMPACT DISC APPENDIX

Any material submitted separately on a compact disc must be referenced in the specification. The only disclosure material accepted on compact disc are computer program listings, gene sequence listings and tables of information. All such information submitted on compact disc must compliant with rule 1.52(e), and the specification must contain a reference to the compact disc and its contents. The contents of compact disc files must be in standard ASCII character and file formats. The total number of compact discs including duplicates and the files on each compact disc must be specified.

If a computer program listing is to be submitted and is over 300 lines long (each line of up to 72 characters), the computer program listing must be submitted on a compact disc compliant with rule 1.96, and the specification must contain a reference to the computer program listing appendix. A computer program listing of 300 or less lines may similarly be submitted on compact disc. The computer program listing on compact disc will not be printed with any patent or patent application publication.

If a gene sequence listing is to be submitted, the sequence may be submitted on a compact disc in compliance with laws 1.821, 1.822, 1.823, 1.824, and 1.825, instead of submission on paper, and the specification must contain a reference to the gene sequence listing on compact disc.

If a table of data is to be submitted, and such table would occupy more than 50 pages if submitted on paper, the table can be submitted on a compact disc compliant with rule 1.58, and the specification must contain a reference to the table on compact disc. The data in the table must properly align visually with the associated rows and columns.

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