Prosecution of Patent Application

Abstract

When papers are filed in the USPTO, they are initially date-stamped and are then reviewed to determine whether they satisfy the minimum requirements of the Patent Statute for receiving a filing date. In particular, a filing date as of the date of deposit and a serial number will be given if the papers filed include a specification, at least one claim, possibly a drawing (depending upon the type of invention involved), and a designation of the inventors. The serial number is used to identify identity all papers associated with the application. If the initial application papers do not include an oath or declaration by the applicant and/or the filing fee at that time, a notice of informal application that requests these missing parts will be sent. It is permissible to file the oath or declaration by the applicant, and/or the filing-fee, after filing the initial papers and still maintain the original filing date. The late filing of the oath or declaration and/or filing fee must be accompanied by a surcharge of an additional $120 or $60 for a small entity. A minimum of two additional months after the filing of the initial application papers is provided for supplying the missing oath and/or declaration and/or governmental filing fee.