37 CFR 1.77: Arrangement of application elements

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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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 ).
    • (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.
      • (iii)
    • (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.
[43 FR 20464, May 11, 1978; 46 FR 2612, Jan. 12, 1981; paras. (h) and (i), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; revised, 61 FR 42790, Aug. 19, 1996, effective Sept. 23, 1996; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; paras. (b) and (c) revised, 70 FR 1818, Jan. 11, 2005, effective Dec. 10, 2004; para. (a)(6) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (b)(2) revised, (b)(6)-(12) redesignated as (b)(7)-(13), and para. (b)(6) added, 78 FR 11024, Feb. 14, 2013, effective Mar. 16, 2013; paras. (b)(5) and (b)(13) revised, 86 FR 57035, Oct. 14, 2021, effective Nov. 15, 2021; para. (b)(13) corrected, 86 FR 73985, Dec. 29, 2021, effective Dec. 29, 2021; para. (b)(5) revised, 87 FR 30806, May 20, 2022, effective July 1, 2022]