Disclosure
Document Program
A
service provided by the United States
Patent and Trademark Office (USPTO) is
the acceptance and preservation for two
years of "Disclosure Documents" as evidence
of the date of conception of an invention.
A
paper disclosing an invention (called
a Disclosure Document) and signed by the
inventor or inventors may be forwarded
to the USPTO by the inventor (or by any
one of the inventors when there are joint
inventors), by the owner of the invention,
or by the attorney or agent of the inventor(s)
or owner. The Disclosure Document will
be retained for two years, and then be
destroyed unless it is referred to in
a separate letter in a related nonprovisional
patent application filed within those
two years.
THE
DISCLOSURE DOCUMENT IS NOT A PATENT APPLICATION.
THE DATE OF ITS RECEIPT IN THE USPTO WILL
NOT BECOME THE EFFECTIVE FILING DATE OF
ANY PATENT APPLICATION SUBSEQUENTLY FILED.
These
documents will be kept in confidence by
the Patent and Trademark Office without
publication in accordance with 35 U.S.C.
122(b) effective November 29, 2000.
This
program does not diminish the value of
the conventional, witnessed, permanently
bound, and page-numbered laboratory notebook
or notarized records as evidence of conception
of an invention, but it should provide
a more credible form of evidence than
that provided by the mailing of a disclosure
to oneself or another person by registered
mail.
Content
of the Disclosure Document
The
benefits afforded by the Disclosure Document
will depend directly upon the adequacy
of the disclosure. It is strongly recommended
that the document contain a clear and
complete explanation of the manner and
process of making and using the invention
in sufficient detail to enable a person
having ordinary knowledge in the field
of the invention to make and use the invention.
When the nature of the invention permits,
a drawing or sketch should be included.
The use or utility of the invention should
be described, especially in chemical inventions.
Preparation
of the Disclosure Document
A
standard format for the Disclosure Document
is required to facilitate the USPTO's
electronic data capture and storage. The
Disclosure Document (including drawings
or sketches) must be on white letter-size
(8.5 by 11 inch) or A4 (21.0 by 29.7 cm)
paper, written on one side only, with
each page numbered. Text and drawings
must be sufficiently dark to permit reproduction
with commonly used office copying machines.
Oversized papers, even if foldable to
the above dimensions, will not be accepted.
Attachments such as videotapes and
working models will not be accepted and
will be returned.
Other
Enclosures
The
Disclosure Document must be accompanied
by a separate cover letter signed by the
inventor stating that he or she is the
inventor and requesting that the material
be received under the Disclosure Document
Program. The inventor's request may take
the following form:
"The
undersigned, being the inventor of the
disclosed invention, requests that the
enclosed papers be accepted under the
Disclosure Document Program, and that
they be preserved for a period of two
years."
A
Disclosure Document Deposit Request form
(PTO/SB/95) can also be used as a cover
letter. This form is available at the
USPTO Web site at www.uspto.gov
or by calling the USPTO Contact Center
at 800-786-9199 or 703-308-4357.
A
notice with an identifying number and
date of receipt in the USPTO will be mailed
to the customer, indicating that the Disclosure
Document may be relied upon only as evidence
and that a patent application should be
diligently filed if patent protection
is desired. The USPTO prefers that applicants
send two copies of the cover letter or
Disclosure Document Deposit Request form
and one copy of the Disclosure Document,
along with a self-addressed stamped envelope.
The second copy of the cover letter or
form will be returned with the notice.
It is not necessary to submit more than
one copy of the document in order for
it to be accepted under the Disclosure
Document Program.
WARNINGS
to Inventors
The
two-year retention period is not a "grace
period" during which the inventor can
wait to file his or her patent application
without possible loss of benefits. It
must be recognized that, in establishing
priority of invention, an affidavit or
testimony referring to a Disclosure Document
must usually also establish diligence
in completing the invention or in filing
the patent application after the filing
of the Disclosure Document.
Inventors
are also reminded that any public use
or sale in the United States or publication
of the invention anywhere in the world
more than one year prior to the filing
of a patent application on that invention
will prohibit the granting of a U. S.
patent on it. Foreign patent laws
in this regard may be much more restrictive
than U.S. laws.
The
information in this brochure is general
in nature and is not meant to substitute
for advice provided by a patent practitioner.
Applicants unfamiliar with the requirements
of US patent law and procedures should
consult an attorney or agent registered
to practice before the USPTO.
A
list of the Attorneys and Agents Registered
to Practice Before the US Patent and Trademark
Office can be viewed and searched
at the USPTO Web site at http://www.uspto.gov/
and examined without charge at Patent
and Trademark Depository Libraries (PTDLs).
The USPTO Contact Center will provide
a list of names of attorneys and agents
for a particular city or zip code for
customers without Web access. Call 800-786-9199
or 703-308-4357. The list is available
for purchase on DVD-ROM from the USPTO
by calling 703-306-2600.
A
print publication of the Attorneys
and Agents Registered to Practice Before
the US Patent and Trademark Office
is available from the US Government Printing
Office at the following address:
Superintendent
of Documents (SuDocs)
P. O. Box 371954
Pittsburgh, PA 15250-7954
For
information or to order by telephone,
call 202-512-1800. The SuDocs Web site
is at www.gpoaccess.gov/index.html.
A
list of the Attorneys
and Agents Registered to Practice Before
the US Patent and Trademark Office
can be viewed and searched at no charge
at the USPTO Web Site at www.uspto.gov
and examined without charge at Patent
and Trademark Depository Libraries
(PTDLs). USPTO Contact Center will provide
a list of names of attorneys and agents
for a particular city or zip code for
customers without Web access. Call 800-786-9199
or 703-308-4357.
Disposition
The
Disclosure Document will be preserved
in confidence by the USPTO for two years
after its receipt without publication
in accordance with 35 U.S.C. 122(b) effective
November 29, 2000. It will be destroyed
unless it is referred to in a separate
letter in a related patent application
filed within the two-year period. The
separate letter filed in the related patent
application must identify not only the
patent application, but also the Disclosure
Document by its title, number, and date
of receipt in the United States Patent
and Trademark Office. Acknowledgment
of such letters will be made in the next
official communication or in a separate
letter from the USPTO.
Fee
A fee
of $10.00 in the form of a check or money
order made payable to "Commissioner for
Patents" must accompany the Disclosure
Document when it is submitted to the U.
S. Patent and Trademark Office. Documents
without the full fee will be returned.
Applicants can request a
copy of their Disclosure Document as filed
in the United States Patent and Trademark
Office if they are the original submitter
of the document. The request must be made
in writing and accompanied by a fee of
$25.00.
Fees are subject to change
annually. To confirm current fees, USPTO
Contact Center Representatives can be
reached from 8:30 a.m. to 8:00 p.m. Eastern
Time, Monday through Friday (except Federal
holidays) by calling 800-786-9199 or 703-308-4357.
The fax number is 571-273-3245 and the
TTY is 703-305-7785. Find the current
fee schedule and other information
about the USPTO at
www.uspto.gov .
Mailing
Address
Mail
the Disclosure Document with payment to:
Mail
Stop DD
Commissioner for Patents
P. O. Box 1450
Alexandria, VA 22313-1450
Provisional
Application for Patent
Inventors
also have the option of filing a Provisional
Application for Patent. View information
about this related service at the USPTO
Web site or request a print brochure
by calling 800-786-9199 or 703-308-4357.
Patent
and Trademark Depository Libraries (PTDLs)
The
Texas Intellectual
Property Partnership (TIP2)
at Texas A & M University at College
Station participates as USPTO's
authorized "agent" in accepting documents
filed under the Disclosure Document Program.
This service provides a completed transaction
on-site. Documents receive an identifying
number and date at the time of receipt
by the PTDL. Original documents are sent
to the USPTO for processing and retention.
Texas
Intellectual Property Partnership (TIP2)
Texas A & M University Libraries
Sterling C. Evans Library Annex - MS
5000
College Station, TX 77843-5000
Telephone: 979-458-1819
Fax: 979-458-1802
E-mail: TIP2@lib-gw.tamu.edu
Patent
and Trademark Depository Libraries
are listed in the Official Gazette and
at the USPTO Web site. Patents and patent-related
reference materials are available at the
nationwide network of PTDLs.Contact a
PTDL prior to your visit to learn about
its collections, services, and hours.
Contacts
The
Inventors
Assistance Center (IAC) provides patent
information and services to the public.
The IAC is staffed by former Supervisory
Patent Examiners and experienced Primary
Examiners who answer general questions
concerning patent examining policy and
procedure.
Mail
for the Inventors
Assistance Center including
complaints about Invention Promoters may
be sent to:
Mail
Stop 24
Director of the U.S. Patent and Trademark
Office
P. O. Box 1450
Alexandria, VA 22313-1450
Telephone:
800-786-9199
Fax: 703-306-5570
E-mail: independentinventor@uspto.gov
For
additional copies of this brochure, or
for further information, contact the USPTO
Contact Center.
Telephone: 800-PTO-9199
Fax: 571-273-3245
TTY: 703-305-7785
or
return to USPTO's home page at www.uspto.gov/.
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