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35 U.S.C. § 112 — Specification

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35 U.S.C. § 112 — Specification

**(a) In General.—** The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. **(b) Conclusion.—** The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. **(c) Form.—** A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form. **(d) Reference in Dependent Forms.—** Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. **(e) Reference in Multiple Dependent Form.—** A claim in multiple dependent form shall contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which it is being considered. **(f) Element in Claim for a Combination.—** An element in a claim for a combination may be expressed as a means or step for performing a specified function withou

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Source location: Title 35, Chapter 11, § 112; chapter-011-application-for-patent.md

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 351 — Definitions

When used in this part unless the context otherwise indicates— **(a)** The term “treaty” means the Patent Cooperation Treaty done at Washington, on June 19, 1970. **(b)** The term “Regulations”, when capitalized, means the Regulations under the treaty, done at Washington on the same date as the treaty. The term “regulations”, when not capitalized, means the regulations established by the Director under this title. **(c)** The term “international application” means an application filed under the treaty. **(d)** The term “international application originating in the United States” means an international application filed in the Patent and Trademark Office when it is acting as a Receiving Office under the treaty, irrespective of whether or not the United States has been designated in that international application. **(e)** The term “international application designating the United States” means an international application specifying the United States as a country in which a patent is sought, regardless where such international application is filed. **(f)** The term “Receiving Office” means a national patent office or intergovernmental organization which receives and processes international applications as prescribed by the treaty and the Regulations. **(g)** The terms “International Searching Authority” and “International Preliminary Examining Authority” mean a national patent office or intergovernmental organization as appointed under the treaty which processes international applications as prescribed by the treaty and the Regulations. **(h)** The term “International Bureau” means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations. **(i)** Terms and expressions not defined in this pa

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35 U.S.C. § 111 — Application

**(a) In General.—** (1) **Written application.—** — An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director. (2) **Contents.—** — Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115. (3) **Fee, oath or declaration, and claims.—** — The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned. (4) **Filing date.—** — The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office. **(b) Provisional Application.—** (1) **Authorization.—** — A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include— (A) a specification as prescribed by section 112(a); and (B) a drawing as prescribed by section 113. (2) **Claim.—** — A claim, as required by subsections (b) through (e) of section 112, shall not be required in a provisional application. (3) **Fee.—** — The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under

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35 U.S.C. § 41 — Patent fees; patent and trademark search systems

**(a) General Fees.—** The Director shall charge the following fees: (1) **Filing and basic national fees.—** (A) On filing each application for an original patent, except for design, plant, or provisional applications, $330. (B) On filing each application for an original design patent, $220. (C) On filing each application for an original plant patent, $220. (D) On filing each provisional application for an original patent, $220. (E) On filing each application for the reissue of a patent, $330. (F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330. (G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof. (2) **Excess claims fees.—** (A) *In general.—* — In addition to the fee specified in paragraph (1)— (i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3; (ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and (iii) for each application containing a multiple dependent claim, $390. (B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac

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35 U.S.C. § 119 — Benefit of earlier filing date; right of priority

**(a)** An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country which affords similar privileges in the case of applications filed in the United States or to citizens of the United States, or in a WTO member country, shall have the same effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within 12 months from the earliest date on which such foreign application was filed. The Director may prescribe regulations, including the requirement for payment of the fee specified in section 41(a)(7), pursuant to which the 12-month period set forth in this subsection may be extended by an additional 2 months if the delay in filing the application in this country within the 12-month period was unintentional. **(b)** (1) No application for patent shall be entitled to this right of priority unless a claim is filed in the Patent and Trademark Office, identifying the foreign application by specifying the application number on that foreign application, the intellectual property authority or country in or for which the application was filed, and the date of filing the application, at such time during the pendency of the application as required by the Director. (2) The Director may consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed claim

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35 U.S.C. § 120 — Benefit of earlier filing date in the United States

An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385, which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application. No application shall be entitled to the benefit of an earlier filed application under this section unless an amendment containing the specific reference to the earlier filed application is submitted at such time during the pendency of the application as required by the Director. The Director may consider the failure to submit such an amendment within that time period as a waiver of any benefit under this section. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed submission of an amendment under this section.

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35 U.S.C. § 112 — Specification

Page 48 TITLE 35—PATENTS § 112 any provisional application filed on or after June 8, 1995, see section 1000(a)(9) [title IV, § 4801(d)] of Pub. L. 106–113, set out as a note under section 119 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective 6 months after Dec. 8, 1994, and applicable to all patent applica- tions filed in the United States on or after that effec- tive date, with provisions relating to earliest filed pat- ent application, see section 534(b)(1), (3) of Pub. L. 103–465, set out as a note under section 154 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set out as an Effective Date note under section 294 of this title. EMERGENCY RELIEF FROM POSTAL SITUATION AFFECT- ING PATENT, TRADEMARK, AND OTHER FEDERAL CASES Pub. L. 92–34, June 30, 1971, 85 Stat. 87, provided that a patent or trademark application would be considered filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by emergency situation af- fecting postal service from Mar. 18, 1970 to Mar. 30, 1970, if a claim was made. § 112. Specification (a) IN GENERAL.—The specification shall con- tain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most near- ly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. (b) CONCLUSION.—The specification shall con- clude with one or more claims par

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