Jumat, 04 Desember 2009

APPLICATION FOR PATENT

An application for a patent is made to the Commissioner of Patents and Trademarks and includes:
(1) A written document which comprises a specification (description and claims), and an oath or declaration;
(2) A drawing in those cases in which a drawing is necessary;
(3) The filing fee.
The specification and oath or declaration must be legibly written or printed in permanent ink on one side of the paper. The Office prefers typewriting on letter or legal size 8 to 8 1/2 by 10 1/2 to 13 inches, (20.3 to 21.6 by 26.7 to 33.0 cm) 1 1/2 or double spaced with margins of 1 inch (2.54 cm) on the left-hand side and at the top, if the papers filed are not correctly, legibly, and clearly written, the Patent and Trademark Office may require typewritten or printed papers.
The application for patent is not forwarded for examination until all its required parts, complying with the rules relating thereto, are received. If the papers and parts are incomplete, or so defective that they cannot be accepted as a complete application for examination, the applicant will be notified about the deficiencies and be given a time period in which to remedy them. A surcharge may be required. If the applicant does not respond within the prescribed time period. The application will be returned or otherwise disposed of. The filing fee may be refunded when an application is refused acceptance as incomplete; however, a handling fee will be charged.
It is desirable that all parts of the complete application be deposited in the Office together; otherwise each part must be signed and a letter must accompany each part, accurately and clearly connecting it with the other parts of the application.
All applications are numbered in serial order, and the applicant is informed of the serial number and filing date of the application by a filing receipt. The filing date of the application is the date on which the names of the inventors, a specification (including claims) and any required drawings are received in the Patent and Trademark Office; or the date on which the last part completing the application are received in the case of a previously incomplete or defective application.

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