---
kind: "range"
citation: "37 C.F.R. §§ 1.71–1.77"
title: "37"
from: "1.71"
to: "1.77"
count: 7
url: "https://uscodex.org/cfr/37/1.71..1.77"
---

# §1.71. Detailed description and specification of the invention.

- (a) The specification must include a written description of the invention or discovery and of the manner and process of making and using the same, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make and use the same.
- (b) The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter or improvement invented, and must explain the mode of operation or principle whenever applicable. The best mode contemplated by the inventor of carrying out his invention must be set forth.
- (c) In the case of an improvement, the specification must particularly point out the part or parts of the process, machine, manufacture, or composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperate with it or as may be necessary to a complete understanding or description of it.
- (d) A copyright or mask work notice may be placed in a design or utility patent application adjacent to copyright and mask work material contained therein. The notice may appear at any appropriate portion of the patent application disclosure. For notices in drawings, see [§ 1.84(s)](/cfr/37/1.84.md?p=s). The content of the notice must be limited to only those elements provided for by law. For example, “© 1983 John Doe” ([17 U.S.C. 401](/usc/17/401.md)) and “ *M* John Doe” ([17 U.S.C. 909](/usc/17/909.md)) would be properly limited and, under current statutes, legally sufficient notices of copyright and mask work, respectively. Inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in [paragraph (e)](#e) of this section is included at the beginning (preferably as the first paragraph) of the specification.
- (e) The authorization shall read as follows:
- (f) The specification must commence on a separate sheet. Each sheet including part of the specification may not include other parts of the application or other information. The claim(s), abstract, and “Sequence Listing” (if required or submitted under [§ 1.821(c)](/cfr/37/1.821.md?p=c)) should not be included on a sheet including any other part of the application.
- (g)
  - (1) The specification may disclose or be amended to disclose the names of the parties to a joint research agreement as defined in [§ 1.9(e)](/cfr/37/1.9.md?p=e).
  - (2) An amendment under [paragraph (g)(1)](#g-1) of this section must be accompanied by the processing fee set forth in [§ 1.17(i)](/cfr/37/1.17.md?p=i) if not filed within one of the following time periods:
    - (i) Within three months of the filing date of a national application;
    - (ii) Within three months of the date of entry of the national stage as set forth in [§ 1.491](/cfr/37/1.491.md) in an international application;
    - (iii) Before the mailing of a first Office action on the merits; or
    - (iv) Before the mailing of a first Office action after the filing of a request for continued examination under [§ 1.114](/cfr/37/1.114.md).
  - (3) If an amendment under [paragraph (g)(1)](#g-1) of this section is filed after the date the issue fee is paid, the patent as issued may not necessarily include the names of the parties to the joint research agreement. If the patent as issued does not include the names of the parties to the joint research agreement, the patent must be corrected to include the names of the parties to the joint research agreement by a certificate of correction under [35 U.S.C. 255](/usc/35/255.md) and [§ 1.323](/cfr/37/1.323.md) for the amendment to be effective.

# §1.72. Title and abstract.

- (a) The title of the invention may not exceed 500 characters in length and must be as short and specific as possible. Characters that cannot be captured and recorded in the Office's automated information systems may not be reflected in the Office's records in such systems or in documents created by the Office. Unless the title is supplied in an application data sheet ([§ 1.76](/cfr/37/1.76.md)), the title of the invention should appear as a heading on the first page of the specification.
- (b) A brief abstract of the technical disclosure in the specification must commence on a separate sheet, preferably following the claims, under the heading “Abstract” or “Abstract of the Disclosure.” The sheet or sheets presenting the abstract may not include other parts of the application or other material. The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length. The purpose of the abstract is to enable the Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure.

# §1.73. Summary of the invention.


A brief summary of the invention indicating its nature and substance, which may include a statement of the object of the invention, should precede the detailed description. Such summary should, when set forth, be commensurate with the invention as claimed and any object recited should be that of the invention as claimed.


# §1.74. Reference to drawings.


When there are drawings, there shall be a brief description of the several views of the drawings and the detailed description of the invention shall refer to the different views by specifying the numbers of the figures and to the different parts by use of reference letters or numerals (preferably the latter).


# §1.75. Claim(s).

- (a) The specification must conclude with a claim particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention or discovery.
- (b) More than one claim may be presented provided they differ substantially from each other and are not unduly multiplied.
- (c) One or more claims may be presented in dependent form, referring back to and further limiting another claim or claims in the same application. Any dependent claim which refers to more than one other claim (“multiple dependent claim”) shall refer to such other claims in the alternative only. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. For fee calculation purposes under [§ 1.16](/cfr/37/1.16.md), a multiple dependent claim will be considered to be that number of claims to which direct reference is made therein. For fee calculation purposes also, any claim depending from a multiple dependent claim will be considered to be that number of claims to which direct reference is made in that multiple dependent claim. In addition to the other filing fees, any original application which is filed with, or is amended to include, multiple dependent claims must have paid therein the fee set forth in [§ 1.16(j)](/cfr/37/1.16.md?p=j). Claims in dependent form shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of each of the particular claims in relation to which it is being considered.
- (d)
  - (1) The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description. (See [§ 1.58(a)](/cfr/37/1.58.md?p=a).)
  - (2) See [§§ 1.141 to 1.146](/cfr/37/1.141..1.146.md) as to claiming different inventions in one application.
- (e) Where the nature of the case admits, as in the case of an improvement, any independent claim should contain in the following order:
  - (1) A preamble comprising a general description of all the elements or steps of the claimed combination which are conventional or known,
  - (2) A phrase such as “wherein the improvement comprises,” and
  - (3) Those elements, steps and/or relationships which constitute that portion of the claimed combination which the applicant considers as the new or improved portion.
- (f) If there are several claims, they shall be numbered consecutively in Arabic numerals.
- (g) The least restrictive claim should be presented as claim number 1, and all dependent claims should be grouped together with the claim or claims to which they refer to the extent practicable.
- (h) The claim or claims must commence on a separate physical sheet or electronic page. Any sheet including a claim or portion of a claim may not contain any other parts of the application or other material.
- (i) Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation.

# §1.76. Application data sheet.

- (a) **Application data sheet.** An application data sheet is a sheet or sheets that may be submitted in a provisional application under [35 U.S.C. 111(b)](/usc/35/111.md?p=b), a nonprovisional application under [35 U.S.C. 111(a)](/usc/35/111.md?p=a), a nonprovisional international design application, or a national stage application under [35 U.S.C. 371](/usc/35/371.md) and must be submitted when required by § [1.55](/cfr/37/1.55.md) or [1.78](/cfr/37/1.78.md) to claim priority to or the benefit of a prior-filed application under 35 U.S.C. [119](/usc/35/119.md), [120](/usc/35/120.md), [121](/usc/35/121.md), [365](/usc/35/365.md), or [386](/usc/35/386.md). An application data sheet must be titled “Application Data Sheet.” An application data sheet must contain all of the section headings listed in [paragraph (b)](#b) of this section, except as provided in [paragraph (c)(2)](#c-2) of this section, with any appropriate data for each section heading. If an application data sheet is provided, the application data sheet is part of the application for which it has been submitted.
- (b) **Bibliographic data.** Bibliographic data as used in [paragraph (a)](#a) of this section includes:
  - (1) **Inventor information.** This information includes the legal name, residence, and mailing address of the inventor or each joint inventor.
  - (2) **Correspondence information.** This information includes the correspondence address, which may be indicated by reference to a customer number, to which correspondence is to be directed (see [§ 1.33(a)](/cfr/37/1.33.md?p=a)).
  - (3) **Application information.** This information includes the title of the invention, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), any docket number assigned to the application, the type of application (e.g., utility, plant, design, reissue, provisional), whether the application discloses any significant part of the subject matter of an application under a secrecy order pursuant to [§ 5.2](/cfr/37/5.2.md) of this chapter (see [§ 5.2(c)](/cfr/37/5.2.md?p=c)), and, for plant applications, the Latin name of the genus and species of the plant claimed, as well as the variety denomination. When information concerning the previously filed application is required under [§ 1.57(a)](/cfr/37/1.57.md?p=a), application information also includes the reference to the previously filed application, indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application, and specifying the previously filed application by application number, filing date, and the intellectual property authority or country in which the previously filed application was filed.
  - (4) **Representative information.** This information includes the registration number of each practitioner having a power of attorney in the application (preferably by reference to a customer number). Providing this information in the application data sheet does not constitute a power of attorney in the application (see [§ 1.32](/cfr/37/1.32.md)).
  - (5) **Domestic benefit information.** This information includes the application number, the filing date, the status (including patent number if available), and relationship of each application for which a benefit is claimed under 35 U.S.C. [119(e)](/usc/35/119.md?p=e), [120](/usc/35/120.md), [121](/usc/35/121.md), [365(c)](/usc/35/365.md?p=c), or [386(c)](/usc/35/386.md?p=c). Providing this information in the application data sheet constitutes the specific reference required by 35 U.S.C. [119(e)](/usc/35/119.md?p=e) or [120](/usc/35/120.md) and [§ 1.78](/cfr/37/1.78.md).
  - (6) **Foreign priority information.** This information includes the application number, country (or intellectual property authority), and filing date of each foreign application for which priority is claimed. Providing this information in the application data sheet constitutes the claim for priority as required by [35 U.S.C. 119(b)](/usc/35/119.md?p=b) and [§ 1.55](/cfr/37/1.55.md).
  - (7) **Applicant information—** This information includes the name (either natural person or juristic entity) and address of the legal representative, assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter who is the applicant under [§ 1.43](/cfr/37/1.43.md) or [§ 1.46](/cfr/37/1.46.md). Providing assignment information in the application data sheet does not substitute for compliance with any requirement of [part 3](/cfr/37/part3.md) of this chapter to have an assignment recorded by the Office.
- (c) **Correcting and updating an application data sheet.**
  - (1) Information in a previously submitted application data sheet, inventor's oath or declaration under [§ 1.63](/cfr/37/1.63.md), [§ 1.64](/cfr/37/1.64.md) or [§ 1.67](/cfr/37/1.67.md), or otherwise of record, may be corrected or updated until payment of the issue fee by a new application data sheet providing corrected or updated information, except that inventorship changes must comply with the requirements of [§ 1.48](/cfr/37/1.48.md), foreign priority and domestic benefit information changes must comply with §§ [1.55](/cfr/37/1.55.md) and [1.78](/cfr/37/1.78.md), and correspondence address changes are governed by [§ 1.33(a)](/cfr/37/1.33.md?p=a).
  - (2) An application data sheet providing corrected or updated information may include all of the sections listed in [paragraph (b)](#b) of this section or only those sections containing changed or updated information. The application data sheet must include the section headings listed in [paragraph (b)](#b) of this section for each section included in the application data sheet, and must identify the information that is being changed, with underlining for insertions, and strike-through or brackets for text removed, except that identification of information being changed is not required for an application data sheet included with an initial submission under [35 U.S.C. 371](/usc/35/371.md).
- (d) **Inconsistencies between application data sheet and other documents.** For inconsistencies between information that is supplied by both an application data sheet under this section and other documents:
  - (1) The most recent submission will govern with respect to inconsistencies as between the information provided in an application data sheet, a designation of a correspondence address, or by the inventor's oath or declaration, except that:
    - (i) The most recent application data sheet will govern with respect to foreign priority ([§ 1.55](/cfr/37/1.55.md)) or domestic benefit ([§ 1.78](/cfr/37/1.78.md)) claims; and
    - (ii) The naming of the inventorship is governed by [§ 1.41](/cfr/37/1.41.md) and changes to inventorship or the names of the inventors is governed by [§ 1.48](/cfr/37/1.48.md).
  - (2) The information in the application data sheet will govern when inconsistent with the information supplied at the same time by a designation of correspondence address or the inventor's oath or declaration. The information in the application data sheet will govern when inconsistent with the information supplied at any time in a Patent Cooperation Treaty Request Form, Patent Law Treaty Model International Request Form, Patent Law Treaty Model International Request for Recordation of Change in Name or Address Form, or Patent Law Treaty Model International Request for Recordation of Change in Applicant or Owner Form.
  - (3) The Office will capture bibliographic information from the application data sheet. The Office will generally not review the inventor's oath or declaration to determine if the bibliographic information contained therein is consistent with the bibliographic information provided in an application data sheet. Incorrect bibliographic information contained in an application data sheet may be corrected as provided in [paragraph (c)(1)](#c-1) of this section.
- (e) **Signature requirement.** An application data sheet must be signed in compliance with [§ 1.33(b)](/cfr/37/1.33.md?p=b). An unsigned application data sheet will be treated only as a transmittal letter.
- (f) **Patent Law Treaty Model International Forms.** The requirement in [§ 1.55](/cfr/37/1.55.md) or [§ 1.78](/cfr/37/1.78.md) for the presentation of a priority or benefit claim under 35 U.S.C. [119](/usc/35/119.md), [120](/usc/35/120.md), [121](/usc/35/121.md), or [365](/usc/35/365.md) in an application data sheet will be satisfied by the presentation of such priority or benefit claim in the Patent Law Treaty Model International Request Form, and the requirement in [§ 1.57(a)](/cfr/37/1.57.md?p=a) for a reference to the previously filed application in an application data sheet will be satisfied by the presentation of such reference to the previously filed application in the Patent Law Treaty Model International Request Form. The requirement in [§ 1.46](/cfr/37/1.46.md) for the presentation of the name of the applicant under [35 U.S.C. 118](/usc/35/118.md) in an application data sheet will be satisfied by the presentation of the name of the applicant in the Patent Law Treaty Model International Request Form, Patent Law Treaty Model International Request for Recordation of Change in Name or Address Form, or Patent Law Treaty Model International Request for Recordation of Change in Applicant or Owner Form, as applicable.
- (g) **Patent Cooperation Treaty Request Form.** The requirement in [§ 1.78](/cfr/37/1.78.md) for the presentation of a benefit claim under 35 U.S.C. [119](/usc/35/119.md), [120](/usc/35/120.md), [121](/usc/35/121.md), or [365](/usc/35/365.md) in an application data sheet will be satisfied in a national stage application under [35 U.S.C. 371](/usc/35/371.md) by the presentation of such benefit claim in the Patent Cooperation Treaty Request Form contained in the international application or the presence of such benefit claim on the front page of the publication of the international application under PCT Article 21(2). The requirement in [§ 1.55](/cfr/37/1.55.md) or [§ 1.78](/cfr/37/1.78.md) for the presentation of a priority or benefit claim under 35 U.S.C. [119](/usc/35/119.md), [120](/usc/35/120.md), [121](/usc/35/121.md), or [365](/usc/35/365.md) in an application data sheet and the requirement in [§ 1.46](/cfr/37/1.46.md) for the presentation of the name of the applicant under [35 U.S.C. 118](/usc/35/118.md) in an application data sheet will be satisfied in an application under [35 U.S.C. 111](/usc/35/111.md) by the presentation of such priority or benefit claim and presentation of the name of the applicant in a Patent Cooperation Treaty Request Form. If a Patent Cooperation Treaty Request Form is submitted in an application under [35 U.S.C. 111](/usc/35/111.md), the Patent Cooperation Treaty Request Form must be accompanied by a clear indication that treatment of the application as an application under [35 U.S.C. 111](/usc/35/111.md) is desired.

# §1.77. Arrangement of application elements.

- (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](/cfr/37/1.76.md)).
  - (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)](/cfr/37/1.52.md?p=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)](/cfr/37/1.96.md?p=c));
      - (B) A “Sequence Listing” (see [§ 1.821(c)](/cfr/37/1.821.md?p=c)); or
      - (C) “Large Tables” (see [§ 1.58(c)](/cfr/37/1.58.md?p=c)).
    - (ii) An XML file for a “Sequence Listing XML” (see [§ 1.831(a)](/cfr/37/1.831.md?p=a)), submitted via the USPTO patent electronic filing system or on one or more read-only optical discs (see [§ 1.52(e)(8)](/cfr/37/1.52.md?p=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)](/cfr/37/1.821.md?p=c), that is submitted as a Portable Document Format (PDF) file (as set forth in [§ 1.821(c)(2)](/cfr/37/1.821.md?p=c-2)) via the USPTO patent electronic filing system or on physical sheets of paper (as set forth in [§ 1.821(c)(3)](/cfr/37/1.821.md?p=c-3)).
- (c) The text of the specification sections defined in [paragraphs (b)(1) through (b)(12)](#b-1..b-12) of this section, if applicable, should be preceded by a section heading in uppercase and without underlining or bold type.