MPEP 608.01: Everything You Need to Know
The MPEP 608.01 is referred to by the USPTO as an arrangement of application and this application has many required elements.3 min read
The MPEP 608.01 is referred to by the USPTO as an arrangement of application. This specific application has many required elements that should be included in the following order:
- Utility application transmittal form
- Fee transmittal form
- Application data sheet
- The inventor's declaration
There are other specifications that will need to be included such as:
- The title of the invention including information about the inventor such as their name and citizenship - This should be at the top of the first page of the application data sheet. The title should be descriptive but brief and contain no more than 500 characters or about 2 to 10 words.
- A section cross-referencing related applications - This section should include any information that can be related to similar submitted or approved applications.
- A statement including any research or development for the invention that was federally sponsored
- All parties that were involved in joint research
- A reference to a sequence listing that is an appendix supplied on a compact disc - This electronic sequence listing will become the property of the United States Patent and Trademark Office when submitted with an application and should be sent along on compact disc or other media device.
- A statement detailing disclosures of either joint inventor or the inventor
- Some background information on the invention - This section should include two parts. The first part should be the field to which the invention would pertain based on the subject matter of the invention. Secondly, there should be a description of related art, background art, or previous art that is solved through the application of the invention.
- A summary discussing the invention - The brief summary will be a general discussion of the purpose of the invention but not go into all of the disclosures. It can discuss some of the advantages or problems the invention might solve. Simply put, the brief summary should give the reader the gist of the invention.
- A detailed description of the invention - This section should be short but highly descriptive and as specific as is necessary for the invention to be accurately understood. If the matter is highly technical or detailed more descriptions may be necessary for the specification section.
- The claim or claims on what the invention can do or what problem it solves - The claims must be included on a separate sheet in which each step or element to the invention is separated by a line indention.
- The abstract of the disclosure - This section should include the disclosures as a whole, the disclosure permits, and a brief narrative of other disclosures in a paragraph that is less than 150 words on a separate sheet right after the claims.
- The Sequence Listing is submitted on paper instead of CD - If no electronic media is submitted, you will need to include the sequence listing on a separately attached piece of paper.
The specification section should follow specific formatting guidelines including:
- Each paragraph should be proceeded by a header in all uppercase letters free of bold or underlined type.
- If there is no text to be used under a section heading, you should enter the term "not applicable." following it.
- Provisional applications should follow the same standards though it is not required.
- When application data sheets are used the date sheet information does not need to be anywhere else in the application.
- Under the inventor oath of the declaration, the citizenship of the inventor must be included even if it is put on the application data sheet.
If the application was filed on or after September 2012, and there are discrepancies between the information on the data sheet and the information in other parts of the application, then the data sheet information can override the other information in the application except for both the inventor name as well as their citizenship. Additionally, if the forms were filed after September 2012, then the application data sheet will also be the governing document in regards to foreign priority claims and domestic benefits claims.
Every term that is used in the claims will need to have a clear disclosure as to how important it is as well as its specification by reference in the drawing. All parts if the drawing should be properly identified.
If you need help with MPEP 608.01, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.