{"id":4971,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/filing-patent-applications.html"},"modified":"2024-05-22T02:40:35","modified_gmt":"2024-05-22T07:40:35","slug":"filing-patent-applications","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/filing-patent-applications.html","title":{"rendered":"Filing Patent Applications"},"content":{"rendered":"\n
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Filing Patent Applications<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

To patent an invention<\/a>, an applicant must complete and file a patent application with the U.S. Patent and Trademark Office<\/a> (USPTO). The USPTO examines applications, and administers and keeps a record patents and trademarks<\/a> it has issued.<\/p>\n

Before filing for a patent, the applicant should conduct a preliminary patent search<\/a> to determine whether "prior art" — similar developments related to the invention — will disqualify the claim. Because patent applications are complex, the assistance of a patent attorney may be necessary.<\/p>\n

Application Documents<\/h2>\n

Non-provisional patent applications include the following documents:<\/p>\n

Specification<\/b><\/i><\/p>\n

The specification<\/a> is a full, clear, concise, and exact written description of the invention and the process of creating and using it. The description should enable a skilled person in the field of the invention to make and use the invention without the need to conduct extensive experimentation. A specification should not be vague or keep certain aspects of the invention a secret. If the invention improves upon an existing invention, the specification should only describe the specific improvement to the invention, unless a certain aspect of the previous invention relates to the improvement.<\/p>\n

The specification section includes the following parts:<\/p>\n