Patent Application Form
A patent application
is a request filed before a patent office in which an applicant
applies for a patent. As a matter of public policy, the text
contained in a patent application form is required to sufficiently
reveal how an invention works to justify the grant of the
patent. In most countries, the first to file a patent application
form for the invention is presumed to be the owner of the
rights to the invention.
Content of Patent Application
Form
Regulations require strict adherence to patent application
form when drafting a patent application. Among other requirements,
patent application form must be on acceptable paper (correct
size, color, shape, texture), have correct page numbering,
margins, spacing, and typing in an acceptable font and language.
A national patent application form must usually be submitted
in the native language, or be accompanied by an accurate translation
into an acceptable language.
A "complete" patent application
form must include (as minimum) the required specification,
drawing, and at least one claim. An acceptable specification
must include a clear and concise description of the invention
and how to make and use it. A drawing (which must also be
put into standardized patent application form) should facilitate
understanding of the invention or its operation. Finally,
at least one claim must clearly identify the inventive elements
for which the inventor asserts protection.
Each section of the patent application
form specification should have an uppercase heading. The preferred
arrangement of the required sections in a specification of
a US patent application form is:
- the title,
- cross references,
- government license rights
(if any),
- background (field of invention
and prior state of the art),
- a summary of the invention,
- description of the drawings,
- detailed description of the
invention,
- claims, and
- an abstract of the disclosure.
The specific contents and sequence
of sections in design and plant patent application forms are
rather different. A provisional patent application form should
follow a similar format, but is not required to be of any
particular form. Some provisional patent application forms
are little more than an engineering specification with a cover
sheet and power of attorney.
Withholding information intentionally
when filing a patent application form may make it nearly impossible
to add new information about the invention to a patent application
once it has been initially filed. If the missing information
is later deemed essential to the disclosure, the omission
from the original may have far-reaching legal implications;
beyond the ultimate dismissal of the application.
All provisional, national and
international patent application forms are filed in the USPTO
and are reviewed for issues of national security and a secrecy
order may be imposed, prohibiting publication, allowance,
or international transmittal.
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