Filing Requirements

Question 1

Provisional Application

Answer 1

Specification
Drawings (if necessary to understand invention)
Cover sheet
Filing fee

No claims required
No oath/declaration required
Never examined by USPTO

Question 2

Nonprovisional (Utility)

Answer 2

Specification (with written description & enablement)
At least one claim
Abstract
Drawings (if necessary)
Oath/declaration
Filing fee

Must claim priority to provisional within 12 months
Begins examination process
Maintenance fees required post-grant

Question 3

Design Patent

Answer 3

Specification
Drawings (mandatory — the drawings ARE the disclosure)
Exactly one claim
Oath/declaration
Filing fee

No abstract required
No maintenance fees
Protects ornamental appearance only

Question 4

Plant Patent

Answer 4

Botanical description (full specification)
Color drawings or color photographs
Exactly one claim
Oath/declaration
Filing fee

Latin genus and species required
No provisional application available
Asexual reproduction required
No maintenance fees

Question 5

PCT (International Application)

Answer 5

Request form (PCT/RO/101)
Specification
Claims
Abstract
Drawings (if necessary)
Filing fee
Search fee to ISA

Must file within 12 months of priority date
National phase entry at 30 months
Chapter II examination optional
Covers 150+ member states

Question 6

Continuation

Answer 6

Same disclosure as parent (no new matter)
New or different claims
Oath/declaration
Filing fee

Must be filed while parent application is pending
Claims benefit of parent filing date
Commonly triggers ODP rejection → terminal disclaimer

Question 7

Continuation-in-Part (CIP)

Answer 7

Original parent disclosure
New matter added
Claims
Oath/declaration
Filing fee

New matter only gets new (later) filing date
Old subject matter retains parent date
Higher risk of prior art issues for new matter claims

Question 8

Divisional

Answer 8

Same disclosure as parent (no new matter)
Claims directed to non-elected invention
Oath/declaration
Filing fee

Filed after restriction requirement
Safe harbor from double patenting rejections
Claims parent priority date

Question 9

RCE (Request for Continued Examination)

Answer 9

Submission (amendment, IDS, or remarks)
Filing fee

Filed after final rejection or notice of allowance
Does NOT create a new application
Not available after issue fee is paid
Reopens prosecution of existing application

Question 10

Reissue

Answer 10

Reissue oath/declaration (must identify error)
Surrender of original patent
Amended specification and/or claims
Filing fee

Broadening claims: must file within 2 years of grant
Narrowing: no time limit
Recapture doctrine limits recapturing surrendered subject matter

Question 11

IDS (Information Disclosure Statement)

Answer 11

List of references (Form PTO/SB/08)
Copies of non-US and non-patent literature references
Fee (if after first Office Action)
Certification (timing dependent)

Before first OA: no fee, no certification
After first OA: fee OR certification
After final/allowance: fee AND certification
After issue fee paid: requires abandonment

Question 12

Terminal Disclaimer

Answer 12

Written disclaimer document
Common ownership covenant
Filing fee
Signature of owner or authorized agent

Overcomes nonstatutory (obviousness-type) double patenting ONLY
Cannot overcome statutory (same invention) double patenting
Patents must remain commonly owned or become unenforceable