C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 1—RULES OF PRACTICE IN PATENT CASES › Subpart B—National Processing Provisions

37 C.F.R. § 1.77

Arrangement of application elements

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(a) The elements of the application, if applicable, should appear in the following order:

(1) Utility application transmittal form.

(2) Fee transmittal form.

(3) Application data sheet (see § 1.76).

(4) Specification.

(5) Drawings.

(6) The inventor's oath or declaration.

(b) The specification should include the following sections in order:

(1) Title of the invention, which may be accompanied by an introductory portion stating the name, citizenship, and residence of the applicant (unless included in the application data sheet).

(2) Cross-reference to related applications.

(3) Statement regarding federally sponsored research or development.

(4) The names of the parties to a joint research agreement.

(5) An incorporation by reference statement regarding the material in:

(i) One or more ASCII plain text files, submitted via the USPTO patent electronic filing system or on one or more read-only optical discs (see § 1.52(e)(8)), identifying the names of each file, the date of creation of each file, and the size of each file in bytes, for the following document types:

(A) A “Computer Program Listing Appendix” (see § 1.96(c));

(B) A “Sequence Listing” (see § 1.821(c)); or

(C) “Large Tables” (see § 1.58(c)).

(ii) An XML file for a “Sequence Listing XML” (see § 1.831(a)), submitted via the USPTO patent electronic filing system or on one or more read-only optical discs (see § 1.52(e)(8)), identifying the names of each file, the date of creation of each file, and the size of each file in bytes.

(6) Statement regarding prior disclosures by the inventor or a joint inventor.

(7) Background of the invention.

(8) Brief summary of the invention.

(9) Brief description of the several views of the drawing.

(10) Detailed description of the invention.

(11) A claim or claims.

(12) Abstract of the disclosure.

(13) “Sequence Listing,” required by § 1.821(c), that is submitted as a Portable Document Format (PDF) file (as set forth in § 1.821(c)(2)) via the USPTO patent electronic filing system or on physical sheets of paper (as set forth in § 1.821(c)(3)).

(c) The text of the specification sections defined in paragraphs (b)(1) through (b)(12) of this section, if applicable, should be preceded by a section heading in uppercase and without underlining or bold type.

[65 FR 54668, Sept. 8, 2000, as amended at 70 FR 1823, Jan. 11, 2005; 77 FR 48820, Aug. 14, 2012; 78 FR 11055, Feb. 14, 2013; 86 FR 57047, Oct. 14, 2021; 86 FR 73985, Dec. 29, 2021; 87 FR 30817, May 20, 2022]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1985–2021 · leading case: Droplets, Inc. v. Etrade Bank, 887 F.3d 1309 (Fed. Cir. 2018).
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Droplets, Inc. v. Etrade Bank, 887 F.3d 1309 (Fed. Cir. 2018). “" 37 C.F.R. § 1.77 (b). The words of a priority claim are thus separate from the materials necessary to satisfy § 112.”
Peter E. Cross v. Kinji Iizuka, 753 F.2d 1040 (Fed. Cir. 1985). “While recognizing that Kawai constrains an applicant to entitlement to the benefit of only what is disclosed in the foreign priority application and no more, we also recognize that foreign priority applications, as subsequently filed in the PTO, typically have a style and format…”
John R. Choate v. Rysurg, LLC (Fla. 4th DCA 2021). “” 37 C.F.R. § 1.77 ; see also MPEP § 608.01 (setting forth the requirements of the specification per the Manual of Patent Examining Procedure).”
Oyster Optics, LLC v. Infinera Corp., Coriant (USA) Inc., Coriant North Am., LLC & Coriant Operations, Inc. (E.D. Tex. 2021). “” 37 CFR 1.77(b)(2). Section 1.78, which follows immediately after, makes clear that “related applications” are those which share a priority relationship.”
— 37 C.F.R. § 1.77(b)(2) — 1 case
Oyster Optics, LLC v. Infinera Corp., Coriant (USA) Inc., Coriant North Am., LLC & Coriant Operations, Inc. (E.D. Tex. 2021). “” 37 CFR 1.77(b)(2). Section 1.78, which follows immediately after, makes clear that “related applications” are those which share a priority relationship.”
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