According to the United States Patent and Trademark Office, the following is required when applying for a utility patent:
- Utility Patent Application Transmittal Form or Letter which lists the papers being filed, the name of the applicant, type of application, invention title, contents and any enclosures.
- Fee Transmittal Form and Appropriate Fees which includes a form that outlines how the fees are assessed and the method of payment enclosed. Payment must be made at the time of filing in the form of a credit card or check made payable to the "Director of the United States Patent and Trademark Office."
- Application Data Sheet is a voluntary document(s), which outlines bibliographic data, assembled according to USPTO specifications. The data includes applicant and application knowledge, any correspondence, representative information, domestic/foreign priority and assignment facts.
- Specification (including one or more claims) that describes the invention in detail and outlines how it is made and how it works. It includes the title of the invention, cross-references to associated applications, statement about federally funded research, appendix (if appropriate), background and summary of the invention and abstract of the disclosure.
- Drawings, (if needed) which help to understand how the invention should be patented. Drawings must display any feature outlined in the claims.
- Executed Oath or Declaration, which states that the inventor believes the invention to be an original, and that he or she is the first to invent it.
- Nucleotide and/or Amino Acid Sequence Listing (if necessary)
Proposed Patent Reform Legislation
In April of 2007, the U.S. Congress revealed a new proposal that would make extensive changes to the nation's patent laws. The comprehensive changes are designed to help a broad group of people from garage inventors to big companies. According to CNET News.com, the bill would put stopgaps in place to sort out bad or obvious patents. The new bill would also place limits on monetary compensation awarded for infringement cases, and establish an option to litigation. The proposed legislation would also permit patents to be challenged within a year of being issued through a special board within the U.S. Patent Office to avoid lawsuits.