Utility Patent Nonprovisional

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: Patents Resources > Utility Patent


Full nonprovisional.

A patent is a type of property right. It gives the patent holder the right, for a limited time, to exclude others from making, using, offering to sell, selling, or importing into the United States the subject matter that is within the scope of protection granted by the patent. The USPTO determines whether a patent should be granted in a particular case. However, it is up to the patent holder to enforce his or her own rights if the USPTO does grant a patent. There are also two types of utility patent applications -- provisional and nonprovisional. Each year the USPTO receives approximately 350,000 patent applications.

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Nonprovisional Utility Patent

Application Requirements

A nonprovisional utility patent application must be in the English language or be accompanied by a translation in the English language, a statement that the translation is accurate and a fee set forth in 37 CFR â1.17(i).

All papers which are to become part of the permanent records of the USPTO must be typewritten or produced by a mechanical (or computer) printer. The text must be in permanent black ink or its equivalent; on a single side of the paper; in portrait orientation; on white paper that is all of the same size, flexible, strong, smooth, nonshiny, durable, and without holes. The paper size must be either:

  • 21.6 cm. by 27.9 cm. (81/2 by 11 inches), or
  • 21.0 cm. by 29.7 cm. (DIN size A4).

There must be a left margin of at least 2.5 cm. (1 inch) and top, right, and bottom margins of at least 2.0 cm. (3/4 inch). Drawing page requirements are discussed separately below.

A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and examination fees. A complete nonprovisional utility patent application should contain the elements listed below, arranged in the order shown.

  • Utility Patent Application Transmittal Form or Transmittal Letter
  • Fee Transmittal Form and Appropriate Fees
  • Application Data Sheet (see 37 CFR â 1.76)
  • Specification (with at least one claim)
  • Drawings (when necessary)
  • Executed Oath or Declaration
  • Nucleotide and/or Amino Acid Sequence Listing (when necessary)

www.uspto.gov

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