MightyRecruiterYou’ve created a fantastic new invention and want to retain the rights to keep anyone else from potentially exploiting your creation for their own purposes. It’s likely a nonprovisional utility patent you need and you’ll want to make sure you fill out the application correctly to improve your chances of securing protection for your invention. Learn the basics of such an application and the steps you need to take to make the process as painless as possible.
Essential Requirements
All nonprovisional patent applications have to be in English or translated into English and accompanied by a statement that the translation is accurate. You also need to ensure you include your patent fee. All pages of the application have to be created by a computer or typewritten, and the print has to be permanent black ink on one side of the page. Ensure the paper you use is:
- All the same size
- Without holes
- Durable, strong, flexible, shine-free
- Of the measurements 21.6 cm by 27.9 cm or8 1/2 by 11 inches, or DIN size A4, which is 21.0 cm by 29.7 cm
What’s more is your application should be aligned on a left margin of at least 2.5 cm along with bottom, right and top margins of 2.0cm (3/4 inch) at a minimum. Be sure to include necessary drawings of your invention, either an oath or a declaration, examination fees and the prescribed filing fees.
The Transmittal Letter
Every nonprovisional patent application needs a transmittal letter, which specifies the papers you’re filing, such as claims, specifications, drawings and information disclosure statements. The letter should also include your name, the specific type of application you’re filing, the application’s contents and the title of the invention.
Fees
The fees you’ll pay for your application depend on the number of sheets of paper in your drawing and specification, and the type as well as the number of claims you present in your application. You’ll also need to include examination, filing and search fees with your application. If you’re paying by check, make it out to the “Director of the United States Patent and Trademark Office.” Those who submit an application without the necessary fees will be notified of the oversight and allowed to mail their fee separately. Beware that if you fail to send your basic fee along with your application, you’ll have to pay an additional surcharge fee. It’s best that you check the most current fee schedule to see the latest amounts, and that you determine whether you have to pay fees as a small entity or as something other than a small entity.
The Specification
When composing the description for your application, be as specific as possible in order that an individual skilled in either the arts or the scientific realm to which your invention pertains could easily make and utilize your invention. If you like, you can also include computer program listings with your patent specifications. Specific headings and sections you’ll want to include with the specification portion of your application are:
- Title of the invention
- Cross-reference to related applications
- Statement referencing federally-sponsored research or development
- Reference to a computer program listing CD appendix, table, sequence listing
- A background of the invention
- Short summary of the invention
- Description of the invention (and the views of the drawing)
- Claim(s)
- Abstract of the disclosure (essentially a narrative of the overall nature of your invention’s technical disclosures)
As you can see, there are several components of your nonprovisional patent application. For more information, and should you ever require any assistance during the process, reach out to a registered, experienced and trusted patent agent or attorney. In any case, be sure to take your time, double-check your work and get a receipt for any documents you submit with your application.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.