Editing 35 U.S.C.
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(a) IN GENERAL.— | (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.— | (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. | |||
(Amended Aug. 27, 1982, Public Law 97-247, sec. 5, | |||
96 Stat. 319; Dec. 8, 1994, Public Law 103-465, sec. | |||
532(b)(3), 108 Stat. 4986; Nov. 29, 1999, Public Law 106113, sec. 1000(a)(9), 113 Stat. 1501A-582, 588 (S. 1948 | |||
secs. 4732(a)(10)(A), 4801(a)).) | |||
====35 U.S.C. 112 Specification.==== | ====35 U.S.C. 112 Specification.==== |