Specification
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Parts, Form and Content of Application |
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This section briefly covers 37 C.F.R. 1.53, which relates to application numbers, filing dates, and the completion of applications.
This section discusses instances where the application is filed without all the drawing figures referred to in the specification. In these instances if the application contains something that can be construed as a written description, at least one drawing, if necessary and, in a nonprovisional application, at least one claim, an OPAP notice (e.g., a “Notice of Omitted Item(s)”) will be sent indicating that the application papers so deposited have been accorded a filing date, but are lacking some of the figures of drawings described in the specification. In addition, this section discusses how the applicant may proceed.
To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. This section outlines in explicit detail the requirements and components of the disclosure including the specification, claims, and drawings.
The specification is a written description of the invention and of the manner and process of making and using the same. This section covers general information about the specification and includes a discussion on the paper requirements, alteration of application papers, certified copies of an application-as-filed, use of the metric system in patent applications, filing of non-English language applications, illustrations in the specification, and hyperlinks.
The arrangement of the application is briefly outlined here with reference to 37 C.F.R. 1.77 Arrangement of application elements. There is also a discussion on how to handle a discrepancy between the information submitted in an application data sheet and the information submitted elsewhere in the application in applications filed before and on or after September 16, 2012.
This section outlines the abstract of the disclosure which includes the title and the abstract. These should be provided so a reader can quickly determine what was invented. It should only be a summary and the abstract should contain a maximum of 150 words, not exceeding 15 lines of text.
This section addresses rules for the form of claims. For example, the claim or claims must commence on a separate physical sheet or electronic page and should appear after the detailed description of the invention. Any sheet including a claim or portion of a claim may not contain any other parts of the application or other material. Many other claim form rules are covered here.
Drawings are covered in this section. A brief discussion on the receipt of drawings after the filing date, handling of drawing requirements under the first sentence and second sentence of 35 U.S.C. 113 are covered. In addition, the standards for drawings is outlined along with definitions of important terms.
Rules for black and white photographs, color drawings or color photographs are covered. Unless a petition is filed and granted, color drawings or color photographs will not be accepted in a utility or design patent application. Lastly, drawing symbols may be used where appropriate.
This section covers sequence listings, tables, or computer program listings. For instance, biotechnology sequence listings and computer listing appendices may be submitted as ASCII text files with a “.txt” extension (e.g., “seqlist.txt”).
The definition of plain meaning is covered in this section. Plan meaning refers to the ordinary and customary meaning given to the term by those with ordinary skill in the art.
This section covers the written description requirement of the first paragraph or paragraph (a) of 35 U.S.C. 112. The essential goal of the written description requirement is to clearly convey that the applicant has invented the subject matter which is claimed.
This section covers further details of the written description as well as signs of an inadequate written description along with amendments. For instance, the written description requires an essential feature in the original claims, the feature must also be described in the specification or claims, and must not be conventional in the art or known to one of ordinary skill in art. A broad generic disclosure is not necessarily a sufficient written description of a specific embodiment, especially where the broad generic disclosure conflicts with the remainder of the disclosure.