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Chapter 600: Parts, Form and Content of Application

Chapter 600 explicitly describes the contents required for filing an application and gaining a filing date. Detailed descriptions and guidelines for the oath/declaration, the disclosure and the drawings are summarized.

Claims are a major part of an application and must be written correctly. This chapter provides a complete outline of the rules involved with writing claims and provides several examples of properly written claims.

An applicant may submit a list of prior art references disclosing subject matter that is similar to the invention they are attempting to patent. This may aid the PTO and the applicant by helping them to shape better claims. The time periods and regulations for submitting an IDS are incredibly complicated and are presented in this chapter as well.


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Summaries

The Executive Summaries from the main chapter sections have been copied here for your convenience (subsections are not included here). They will help you remember what each main section of the Guidebook (MPEP) covers as you answer the questions from the quizzes above.

This section covers the guidelines for drafting a nonprovisional patent application including the contents for a complete nonprovisional application and the arrangement and contents of the specification. A nonprovisional application must include a specification, including claims, drawings (if necessary), an oath or declaration, and the prescribed fees.

This section also covers the guidelines for drafting a provisional application. A provisional application does not need claims and no oath or declaration is required.

This section briefly discusses oaths and declarations along with the main rules and statutes covering oaths and declarations.

A supplemental oath or declaration is submitted in order to replace an original oath or declaration that is defective. This section covers supplemental oaths or declarations submitted before or on or after September 16, 2012.

A substitute statement may be submitted in lieu of an oath or declaration under certain conditions (for instance when the inventor is deceased, etc ...). This section covers substitute statements. 37 CFR 1.64 implements the substitute statement provisions and applies to applications filed on or after September 16, 2012.

This section details who may be considered an applicant. For applications filed before September 16, 2012, a person to whom the inventor assigned an invention could file and prosecute an application for patent, but the inventor is considered the applicant.

This section outlines details on the title of an invention. For example, the title of the invention should be placed at the top of the first page of the specification unless it is provided in the application data sheet. In addition, the title should be brief but technically accurate and descriptive and should contain fewer than 500 characters.

Filing fees are covered in this section. Included is coverage on basic filing, search and examination fees, the application size fee, and excess claims fees. Currently, any application with an excess of three independent claims or 20 total (independent or dependent) claims will be assessed the excess claims fee.

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.

Information Disclosure Statements basically consist of the information that was gained from the patent search. An IDS should include a list of all patents, publications or other information relevant to the invention. This section includes a summary of information disclosure statements, English requirements, and details for listing references.


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