Disclosure Document
Program [EXPIRED 01 February 2007]
A service
provided [BEFORE 01 February 2007] 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. Back to
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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.
DISCLOSURE DOCUMENTS DISCONTINUED EFFECTIVE 01FEB2007
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 http://www.uspto.gov/ or by calling
the USPTO Contact Center at 800-786-9199.
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. Back to
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DISCLOSURE DOCUMENTS DISCONTINUED EFFECTIVE 01FEB2007
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. The list is available for purchase on
DVD-ROM from the USPTO by calling 571-272-5600.
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 http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=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 http://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.
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.
DISCLOSURE DOCUMENTS DISCONTINUED EFFECTIVE 01FEB2007
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 Customer 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. Find the current fee
schedule and other information about the USPTO at http://www.uspto.gov/.
Mailing Address
Mail the Disclosure Document with payment to:
DISCLOSURE DOCUMENTS DISCONTINUED EFFECTIVE 01FEB2007
Mail Stop DD Commissioner for Patents P. O. Box
1450 Alexandria, VA 22313-1450
Provisional Application for Patent
A disclosure document is NOT an information disclosure
statement. Instead of filing a disclosure document, inventors are
encouraged to file a Provisional
Application for Patent. View information about this related
service at the USPTO web site or request a print brochure by calling
the USPTO Contact Center at 800-786-9199. Back to
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DISCLOSURE DOCUMENTS DISCONTINUED EFFECTIVE 01FEB2007 |