A nonprovisional application for a patent is made to the Assistant Commissioner for Patents and includes several elements, in the following order.

First up, a transmittal letter. This should be filed with every patent application to instruct the USPTO on the services you desire in the processing of your application. In this cover letter, inform the director of your name, address, e-mail address, and telephone number; the type of application; the title of your invention; and the contents of the application.

Next, the specification. This must include a written description of the invention and of the manner and process of making and using it. The specification 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 pertains, or with which it is most nearly connected, to make and use it.

The specification must set forth the precise invention for which you’re seeking patent protection, in such a way 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 method of operation or principle whenever applicable. Write the best embodiment you contemplate for your invention.

In the case of an improvement to an invention, the specification must particularly point out the part(s) of the process, machine, manufacture, or composition of matter to which your improvement relates. The description should be confined to the specific improvement and to such parts that cooperate with it or as may be necessary to complete understanding or description of it. The pages of the specification, including claims and abstract, should be numbered consecutively, starting with page 1. The page numbers should be centrally located above or, preferably, below the text.

Title. You’ll need to give your invention a title. It should be as short and specific as possible (it may not exceed 500 characters in length) and should appear as the heading on the first page of the specification, if it does not otherwise appear at the beginning of the application.

Also include any cross-references to related applications, if you know of any. Include, too, references to a microfiche appendix, for computer program listings, if any. The total number of microfiche and total number of frames should be specified.

Background of the Invention. The specification should set forth the background of the invention in two parts:

Summary of the Invention. This section should present a summary of the substance or general idea of the claimed invention. The summary may point out the advantages of the invention or how it solves previously existing problems, preferably those problems identified in the “Background of the Invention” section. A statement of the object of the invention may also be included. The summary should precede the detailed description.

Abstract of the Disclosure. The purpose of the abstract is to enable the USPTO and the public to determine quickly from a cursory inspection the nature and gist of the technical disclosures of the invention. The abstract points out what is new in the art to which the invention pertains. It should be in narrative form and generally limited to a single paragraph on a separate page.

Claims. The specification must conclude with a claim particularly pointing out and distinctly claiming the subject matter you regard as your invention.

More than one claim may be presented, provided the claims differ substantially from each other and are not unduly multiplied.

One or more claims may be presented in dependent form, referring to and further limiting another claim or claims in the same application. Any dependent claim that 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 37 CFT § 1.16, a multiple dependent claim will be considered to be that number of claims to which direct reference is made therein. For fee calculation purposes, any claim depending from a multiple dependent claim will be considered that number of claims to which direct reference is made in that multiple dependent claim.

The claim or claims must conform to the invention as set forth in the remainder of the specification. 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 for reference to the description.

A patent application must contain drawings if drawings are needed to understand the subject matter you’re patenting. The drawings must show every feature of the invention as specified in the claims. Omission of drawings will cause an application to be considered incomplete. An application for a design patent must contain at least one drawing.

When drawings are included, there must be a brief description of the several views of the drawings, and the detailed description of the invention must refer to the different views by specifying the numbers of the figures. It also must refer to the different parts by use of reference letters or numerals (preferably the latter). (For specific guidelines to drawings, see Chapter 16.)

All the actual inventors must sign this document. An oath may be administered by any person within the United States, or by a diplomatic or consular officer of a foreign country who is authorized by the United States to administer oaths. A declaration does not require any witness or person to administer or verify its signing. Thus, use of a declaration is preferable.

The document must identify the application to which it is directed. It must give the name, city, either state or country of residence, country of citizenship, and post office address of each inventor, and it must state whether the inventor is a sole or joint inventor of the invention claimed. Additionally, designation of a correspondence address is needed on the oath or declaration. Providing a correspondence address helps ensure prompt delivery of all notices, official letters, and other communications.

Fee payment. Last but not least, don’t forget to include your check. Fees for patent applications are subject to change, so always double-check before filing. Having made improper payments in the past, which caused delays and penalties, I now call several times before writing a check to the USPTO. For up-to-date fees, call 571-272-1000. Please remember that two sets of fees exist—one for a small entity and one for other than a small entity. If you find that you need additional guidance filing your application, hire a patent attorney.