United States Patent and Trademark Office (USPTO)

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Filing Requirements

US Non-Provisional Patent Application

A non-provisional application for a patent is filed in the United States Patent and Trademark Office (USPTO). The application should be filed in the English language. However, the application may be filed in a language other than English, in which case an English translation must be filed within two (2) months of the receipt of the Notice of Missing Parts.

For filing a non-provisional application:

  • Names, addresses and citizenship of the inventors;
  • Specification including the title, abstract, summary of the invention, reference to the drawings, claims and drawings (if any);
  • Declaration signed and dated by the inventors;
  • Information regarding Small or Large entity status;
  • Information Disclosure Statement (IDS) listing the prior art known to the applicant*; and
  • Assignment**

*Filing the IDS after the initial filing of the application must be within 3 months from the filing date or 3 months from knowledge about the prior art by the application, whichever term expires later. Every time the applicant becomes aware of new prior art, an additional IDS needs to be filed. Later filing is possible under certain circumstances, but depends on the fact and incurs significant fees.

**Assignments may be filed any time during the prosecution of the application. It is recommended that the Assignment be filed with the application.