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(a) The elements of the application, if applicable, should appear in the following order:
(1) Utility application transmittal form.
(2) Fee transmittal form.
(3) Application data sheet (see § 1.76).
(4) Specification.
(5) Drawings.
(6) Executed oath or declaration.
(b) The specification should include the following sections in order:
(1) Title of the invention, which may be accompanied by an introductory portion stating the name, citizenship, and residence of the applicant (unless included in the application data sheet).
(2) Cross-reference to related applications (unless included in the application data sheet).
(3) Statement regarding federally sponsored research or development.
(4) Reference to a "Sequence Listing," a table, or a computer program listing appendix submitted on a compact disc and an incorporation-by-reference of the material on the compact disc (see § 1.52(e)(5)). The total number of compact discs including duplicates and the files on each compact disc shall be specified.
(5) Background of the invention.
(6) Brief summary of the invention.
(7) Brief description of the several views of the drawing.
(8) Detailed description of the invention.
(9) A claim or claims.
(10) Abstract of the disclosure.
(11) "Sequence Listing," if on paper (see §§ 1.821 through 1.825).
(c) The text of the specification sections defined in paragraphs (b)(1) through (b)(11) of this section, if applicable, should be preceded by a section heading in uppercase and without underlining or bold type.
For design patent specification, see MPEP § 1503.01.
For plant patent specification, see MPEP § 1605.
For reissue patent specification, see MPEP § 1411.
The following order of arrangement of specification elements is preferable in framing the nonprovisional specification and, except for the drawings, each of the lettered items should appear in upper case, without underlining or bold type, as section headings. If no text follows the section heading, the phrase "Not Applicable" should follow the section heading. It is recommended that provisional applications follow the same general format, although claims are not required. If an application data sheet (37 CFR 1.76) is used, data supplied in the application data sheet need not be provided elsewhere in the application except that the citizenship of each inventor must be provided in the oath or declaration under 37 CFR 1.63 even if this information is provided in the application data sheet (see 37 CFR 1.176(b)). If there is a discrepancy between the information submitted in an application data sheet and the information submitted elsewhere in the application, the application data sheet will control except for the naming of the inventors and the citizenship of the inventors. See MPEP § 601.05.
(A) Title of the Invention.
(B) Cross-References to Related Applications.
(C) Statement Regarding Federally Sponsored Research or Development.
(D) Reference to a "Sequential Listing," a table, or a computer program listing appendix submitted on a compact disc (See 37 CFR 1.52(e)(5).)
(E) Background of the Invention.
(1) Field of the Invention.
(2) Description of the related art including information disclosed under 37 CFR 1.97 and 1.98.
(F) Brief Summary of the Invention.
(G) Brief Description of the Several Views of the Drawings.
(H) Detailed Description of the Invention.
(I) Claim or Claims.
(J) Abstract of the Disclosure.
(K) Drawings.
(L) "Sequence Listing," if on paper (See 37 CFR 1.821-1.825).
Applicant (typically a pro se) may be advised of the proper arrangement by using Form Paragraph 6.01 or 6.02.
The following guidelines illustrate the preferred layout and content for patent applications. These guidelines are suggested for the applicant"s use.
Arrangement of the Specification
The following order or arrangement is preferred in framing the specification and, except for the reference to the drawings, each of the lettered items should appear in upper case, without underling or bold type, as section headings. If no text follows the section heading, the phrase "Not Applicable" should follow the section heading:
(a) Title of the Invention.
(b) Cross-Reference to Related Applications.
(c) Statement Regarding Federally Sponsored Research or Development.
(d) Reference to a "Sequence Listing," a table, or a computer program listing appendix submitted on a compact disc (see 37 CFR 1.52(e)(5)).
(e) Background of the Invention.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(f) Brief Summary of the Invention.
(g) Brief Description of the Several Views of the Drawing(s).
(h) Detailed Description of the Invention.
(i) Claim or Claims (commencing on a separate sheet).
(j) Abstract of the Disclosure (commencing on a separate sheet).
(k) Drawings.
(l) Sequence Listing, if on paper (see 37 CFR 1.821-1.825).
In this paragraph an introductory sentence will be necessary. This paragraph is intended primarily for use in pro se applications.
Content of Specification
(a) Title of the Invention: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification. It should be brief but technically accurate and descriptive, preferably from two to seven words and may not contain more than 500 characters.
(b) Cross-References to Related Applications: See 37 CFR 1.78 and MPEP § 201.11.
(c) Statement Regarding Federally Sponsored Research or Development: See MPEP § 310.
(d) Reference to a "Microfiche Appendix": See 37 CFR 1.96(c) and MPEP § 608.05, if the application was filed before March 1, 2001. The total number of microfiche and the total number of frames should be specified. Reference to a "Sequence Listing," a table, or a computer program listing appendix submitted on compact disc and an incorporation by reference of the material on the compact disc.
(e) Background of the Invention: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled "Technical Field."
(2) Description of the Related Art: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant's invention. This item may also be titled "Background Art."
(f) Brief Summary of the Invention: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(g) Brief Description of the Several Views of the Drawing(s): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(h) Detailed Description of the Invention: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(i) Claim or Claims: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet ( 37 CFR 1.52(b)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i)-(p).
(j) Abstract of the Disclosure: A brief narrative of the disclosure as a whole in a single paragraph of 150 words or less commencing on a separate sheet following the claims.
(k) Drawings: See 37 CFR 1.81, 1.83-1.85, and MPEP § 608.02.
(l) Sequence Listing, if on paper: See 37 CFR 1.821-1.825.
In this paragraph an introductory sentence will be necessary. This paragraph is intended primarily for use in pro se applications.
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