Disclosure Documents may also be filed at selected Patent and Trademark Depository Libraries (PTDLs), presently including the Sunnyvale (CA) Center for Innovation, Invention and Ideas and Great Lakes Patent and Trademark Center at the Detroit (MI) Public Library. A listing of PTDLs is included in this pamphlet under the heading “Library, Search Room Searches and Patent and Trademark Depository Libraries.” One copy of the document is kept at the PTDL and the original documents are sent to the Patent and Trademark Office for fee collection, processing and retention. Disclosure Documents are kept in confidence by the PTO.
The Disclosure Document is not a patent application and the date of its receipt in the PTO does not become the effective filing date of any patent application subsequently filed. The benefits provided by the document will depend upon the adequacy of the disclosure and therefore, it is recommended that the Disclosure Document be a clear and complete explanation of the manner and process of making and using the invention. When the nature of the invention permits, a drawing or sketch should be included.
A fee must accompany the disclosure. See the current fee schedule. To facilitate the PTO’s electronic data capture and storage of the Disclosure Document, it must be on white paper having dimensions not to exceed 8½ x 11 inches (21.6 X 28.0 cm) with each page numbered. Text and drawings must be sufficiently dark to permit reproduction with commonly used office copying machines. Oversized papers, even if foldable to the above dimensions will not be accepted.
Attachments such as videotapes and working models will not be accepted and will be returned.
The Disclosure Document must be accompanied by a separate signed cover letter stating that it is submitted by, or on behalf of, the inventor(s) and requesting that the material be received into the Disclosure Document Program. The original submission will not be returned. A notice with an identifying number and date of receipt in the PTO will be mailed to the customer, indicating that the Disclosure Document may be relied upon only as evidence and that a patent application should be diligently filed if patent protection is desired.
A brochure on Disclosure Documents is available by calling the PTO General Information Services at 1–800–786–9199 or 703–308–4357.
Who May Apply for a Patent
According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.
Officers and employees of the Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.