Applying for a patent


A utility patent application consists of the parts outlined below:

The transmittal form identifies the name of the applicant, the type of application, the title of the invention and the contents of the application.

The fee transmittal form is used to calculate the appropriate fee (more on this later). Fees are submitted with the application.

The specification is a written description of the invention and the manner or process of making and using it. The specification must be written so that any person skilled in the field that the invention pertains to can understand it. The most notable component of the specification is the claims. The claims define the patent, and as such must distinctly describe the invention. A non-provisional patent must contain at least one claim. If there is more than one claim, the claims may be independent or dependent upon other claims in the specification. The background of the invention must also be included. This section should contain a description of information known to you, including references to specific documents which are related to your invention. It should contain, if applicable, references to specific problems involved in the prior art (or state of technology) which are solved by your invention.

A drawing may be necessary to describe the invention.

An oath/declaration must be signed by all the inventors (or a representative of the inventor in special cases).

A sequence listing, disclosing pertinant nucleotide/amino acid sequences may be required as well.

The requirements for a plant patent are similar to those for utility patents. The specification must contain a full and complete botanical description of the plant and the characteristics that distinguish it from other related plants. Plant patents are limited to single claims. The claim may refer to one or more unique characteristics of the plant but may not claim parts or products of the plant. As previously mentioned, any plant for which a plant patent is filed must be asexually reproducible, to ensure that the unique characters are not due to disease, infection, or exposure to other agents. Plant drawings differ from utility patent drawings in that they may be photographs or faithful watercolor renderings.

When an invention is, or relies upon, biological material, it may be necessary to include specimens with a patent application. Included specimens must be capable of self-replication either directly or indirecly, and must be viable for at least 30 years.

The next page outlines the costs associated with patents.


Previous Patent law for non-lawyers Next

Biotechnology Industry Intellgence

DNApatent.com Home
Copyright © 1999 About this site

Recommended Reading