U.S. Patent Act

..Part II. Patentabililty of Inventions and Grant of Patents

....Chapt. 11. Application for Patent

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Sect. 111. Application for patent

Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title [35 USCS Sects. 1 et seq.], in writing to the Commissioner. Such application shall include (1) a specification as prescribed by section 112 of this title 35 USCS Sect. 112]; (2) a drawing as prescribed by section 113 of this title 35 USCS Sect. 113]; and (3) an oath by the applicant as prescribed by section 115 of this title 35 USCS Sect. 115]. The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.

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