| USPTO Document Disclosure Program | |
The U.S. Patent and Trademark Office accepts and preserves for a limited time "Disclosure Documents" as evidence of an invention's conception date. For more information, see www.uspto.gov/web/offices/pac/disdo.html.
About the program. An inventor or her agent may forward to the USPTO a paper disclosing an invention, which will be retained by the office for two years and then destroyed unless a related patent application is filed within the two-year period. The benefits of the program are to provide evidence of conception date in a more credible form than the common practice of mailing oneself a disclosure by registered mail. The Disclosure Document is not a patent application and the date of its receipt in the USPTO will not serve as an effective filing date of any subsequently-filed patent application. Disclosure Documents are kept confidential.
Content of the disclosure document. Although there are no restrictions as to content and claims are not necessary, the benefits afforded by the Disclosure Document depend directly upon the adequacy of the disclosure. Inventors are strongly encouraged to prepare a clear and complete explanation of the manner and process of making and using the invention in sufficient detail to enable a person having ordinary knowledge in the field of the invention to make and use the invention. A drawing or sketch should be included where applicable, and the disclosure should describe the use or utility of the invention, especially in the case of chemical inventions. The document must be signed by the inventor.
Document Size, Required Enclosures. The document must be limited to written matter and drawings on paper or other thin, flexible material, having dimensions or being folded to dimensions not to exceed 81/2 by 13 inches. Photographs are acceptable. Each page should be numbered, and text and drawings should be sufficiently dark to permit photocopy reproduction.
The Disclosure Document must be accompanied by a stamped, self-addressed envelope. It must also include a separate paper in duplicate, signed by the inventor, stating that he is the inventor and requesting that the material be received for processing under the Disclosure Document Program. The papers will be stamped by the USPTO with an identifying number and date of receipt, and the duplicate request will be returned in the self-addressed envelope together with a warning notice 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 Disclosure Document request may read as follows:
"The undersigned, being the inventor of the disclosed invention, requests that the enclosed papers be accepted under the Disclosure Document Program, and that they be preserved for a period of two years."
Fee. A fee of $10.00 in the form of a check or money order made payable to "Commissioner for Patents" must accompany the Disclosure Document when it is submitted to the U. S. Patent and Trademark Office. Documents without the full fee will be returned. Mail the Disclosure Document with payment to:
Box DD
Commissioner for Patents
Washington, DC 20231
Applicants can request a copy of their Disclosure Document as filed in the United States Patent and Trademark Office if they are the original submitters of the document. The request must be made in writing and accompanied by a fee of $25.00. It is recommended that your disclosure materials be sent by Certified Mail, return receipt requested.
Disclosure Document Limitations. The two-year retention period is NOT a "grace period" during which the inventor can wait to file a patent application without possible loss of benefits. An inventor must not only establish first conception date, but also diligence in reducing an invention to practice.
Remember also that any public use or sale in the United States or publication of the invention anywhere in the world more than one year prior to filing a patent application on that invention will prohibit the granting of a patent on the invention, or be grounds to later invalidate an issued patent.
Resources. For more information, visit the USPTO web site at www.uspto.gov or contact a patent attorney or agent listed in our professional services directory. A form disclosure document is also available on this site.
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