Code of Federal Regulations (alpha)

CFR /  Title 37  /  Part 1  /  Sec. 1.51 General requisites of an application.

(a) Applications for patents must be made to the Director of the United States Patent and Trademark Office. An application transmittal letter limited to the transmittal of the documents and fees comprising a patent application under this section may be signed by a juristic applicant or patent owner.

(b) A complete application filed under Sec. 1.53(b) or Sec. 1.53(d) comprises:

(1) A specification as prescribed by 35 U.S.C. 112, including a claim or claims, see Sec. Sec. 1.71 to 1.77;

(2) The inventor's oath or declaration, see Sec. Sec. 1.63 and 1.64;

(3) Drawings, when necessary, see Sec. Sec. 1.81 to 1.85; and

(4) The prescribed filing fee, search fee, examination fee, and application size fee, see Sec. 1.16.

(c) A complete provisional application filed under Sec. 1.53(c) comprises:

(1) A cover sheet identifying:

(i) The application as a provisional application,

(ii) The name or names of the inventor or inventors, (see Sec. 1.41(a)(2)),

(iii) The residence of each named inventor,

(iv) The title of the invention,

(v) The name and registration number of the attorney or agent (if applicable),

(vi) The docket number used by the person filing the application to identify the application (if applicable),

(vii) The correspondence address, and

(viii) The name of the U.S. Government agency and Government contract number (if the invention was made by an agency of the U.S. Government or under a contract with an agency of the U.S. Government);

(2) A specification as prescribed by 35 U.S.C. 112(a), see Sec. 1.71;

(3) Drawings, when necessary, see Sec. Sec. 1.81 to 1.85; and

(4) The prescribed filing fee and application size fee, see Sec. 1.16.

(d) Applicants are encouraged to file an information disclosure statement in nonprovisional applications. See Sec. 1.97 and Sec. 1.98. No information disclosure statement may be filed in a provisional application. [62 FR 53185, Oct. 10, 1997, as amended at 65 FR 54664, Sept. 8, 2000; 68 FR 14336, Mar. 25, 2003; 70 FR 3889, Jan. 27, 2005; 77 FR 46624, Aug. 6, 2012; 77 FR 48816, Aug. 14, 2012; 78 FR 62396, Oct. 21, 2013]