Patents - 35 USC Section 111

01/19/04

Sec. 111. Application

(a) In General. -
(1) Written application. - An application for patent shall be
made, or authorized to be made, by the inventor, except as
otherwise provided in this title, in writing to the Director.
(2) Contents. - Such application shall include -
(A) a specification as prescribed by section 112 of this
title;
(B) a drawing as prescribed by section 113 of this title; and
(C) an oath by the applicant as prescribed by section 115 of
this title.
(3) Fee and oath. - The application must be accompanied by the
fee required by law. The fee and oath may be submitted after the
specification and any required drawing are submitted, within such
period and under such conditions, including the payment of a
surcharge, as may be prescribed by the Director.
(4) Failure to submit. - Upon failure to submit the fee and
oath within such prescribed period, the application shall be
regarded as abandoned, unless it is shown to the satisfaction of
the Director that the delay in submitting the fee and oath was
unavoidable or unintentional. The filing date of an application
shall be the date on which the specification and any required
drawing are received in the Patent and Trademark Office.
(b) Provisional Application. -
(1) Authorization. - A provisional application for patent shall
be made or authorized to be made by the inventor, except as
otherwise provided in this title, in writing to the Director.
Such application shall include -
(A) a specification as prescribed by the first paragraph of
section 112 of this title; and
(B) a drawing as prescribed by section 113 of this title.
(2) Claim. - A claim, as required by the second through fifth
paragraphs of section 112, shall not be required in a provisional
application.
(3) Fee. - (A) The application must be accompanied by the fee
required by law.
(B) The fee may be submitted after the specification and any
required drawing are submitted, within such period and under such
conditions, including the payment of a surcharge, as may be
prescribed by the Director.
(C) Upon failure to submit the fee within such prescribed
period, the application shall be regarded as abandoned, unless it
is shown to the satisfaction of the Director that the delay in
submitting the fee was unavoidable or unintentional.
(4) Filing date. - The filing date of a provisional application
shall be the date on which the specification and any required
drawing are received in the Patent and Trademark Office.
(5) Abandonment. - Notwithstanding the absence of a claim, upon
timely request and as prescribed by the Director, a provisional
application may be treated as an application filed under
subsection (a). Subject to section 119(e)(3) of this title, if no
such request is made, the provisional application shall be
regarded as abandoned 12 months after the filing date of such
application and shall not be subject to revival after such
12-month period.
(6) Other basis for provisional application. - Subject to all
the conditions in this subsection and section 119(e) of this
title, and as prescribed by the Director, an application for
patent filed under subsection (a) may be treated as a provisional
application for patent.
(7) No right of priority or benefit of earliest filing date. -
A provisional application shall not be entitled to the right of
priority of any other application under section 119 or 365(a) of
this title or to the benefit of an earlier filing date in the
United States under section 120, 121, or 365(c) of this title.
(8) Applicable provisions. - The provisions of this title
relating to applications for patent shall apply to provisional
applications for patent, except as otherwise provided, and except
that provisional applications for patent shall not be subject to
sections 115, 131, 135, and 157 of this title.

Last modified: April 19, 2006