Advantages of The Document Disclosure Program of the U.S. Patent and Trademark Office



Low cost proof of conception date 
by
Raymond A. Nuzzo
 
 
Inventors may file their Invention Disclosures with the U.S. Patent and Trademark Office ("USPTO") to prove the:
a)  inventor actually did invent the invention; and
b)  date of invention (or conception of the invention).

The United State is currently under the "FIRST TO INVENT" system.  (Most foreign countries are on the "First To File" system).  Therefore, proving you have invented the invention on a particular date can be extremely important in obtaining a patent in the United States.

You can prepare and file the Disclosure Document yourself.  You do not need a patent attorney or agent.

The Disclosure Document provides a more credible form of evidence than that provided by the popular (but worthless!) practice of mailing a disclosure to oneself via registered mail.

If the USPTO rejects your claimed invention under 35 USC Sections 102(a) and 102(e), you can "get behind" the effective dates of the cited prior art patent references by referring to your Disclosure Document.  However, testimony or affidavits referring to a Disclosure Document must also establish diligence in completing the invention or in the filing of a patent application since the filing of the Disclosure Document.

The Disclosure Document must be a clear and complete explanation of the manner and process of making and using the invention.  The description must be in sufficient detail to enable a person having ordinary knowledge in the field of the invention to make and use the invention.
 

The USPTO will keep the original submission and will mail to the inventor a notice with an identifying number and date of receipt in USPTO.

USPTO will retain the Disclosure Document for two (2) years.  After that time, the Disclosure Document will be destroyed unless referred to in a separate letter in a related patent application filed within the 2 year period.

Disclosure Document may be relied on only as evidence of conception and inventorship.

A patent application should be diligently filed if patent protection is desired.

The two (2) year retention period should not be considered to be a "grace period" during which the inventor can wait to file his or her patent application without possible loss of benefits.

 
 [ SAMPLE COVER LETTER ]
 
UNITED STATES PATENT AND TRADEMARK OFFICE
DISCLOSURE DOCUMENT DEPOSIT REQUEST
(DATE)
 
Box DD
Assistant Commissioner for Patents
Washington, DC 20231
Re:  Invention Entitled
"TITLE OF INVENTION"
of (Inventor’s Name)
Dear Sir:

The undersigned respectfully requests that the enclosed papers be accepted under the Disclosure Document Program, and that they be preserved for a period of two (2) years.

The enclosed papers total (NUMBER) pages. In accordance with 37 CFR §1.21(c), I have enclosed a check (or money order) in the amount of $10. Photocopies of this letter and the enclosed papers are also enclosed.

Please direct all correspondence to:

INVENTOR’S NAME
      ADDRESS
      PHONE NUMBER
 
        Respectfully submitted,
        INVENTOR’S NAME
 "Express Mail" Mailing Label No.:          Date of Deposit:
I hereby certify that this paper or fee is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service under 37 CFR 1.10 on the date indicated above and is addressed to Box DD, Assistant Commissioner for Patents, Washington, D.C.  20231.
Name:                       Signature:
[ SAMPLE "DESCRIPTION OF INVENTION" PAGE ]
 
Title of Invention:
Name of Inventor:
Address of Inventor:
Signature of Inventor:
Date:
 
<DESCRIPTION OF THE INVENTION>
 
 

 

Attorney Raymond A. Nuzzo practices patent, trademark and copyright law.  He
may be reached at RayAnNuzzo@aol.com    or    raymond.nuzzo@snet.net



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Posted 6/11/98. Page last updated 6/11/98