USPTO Publishes Common Application Format for EPO and JPO
application in the common application format for acceptance in each of the three offices." Under the Basic
Priciples of that Trilateral Work Group, "An application which complies with the Common Application Format shall be accepted without any further amendment by any of the Trilateral Offices as a national/regional application as far as the agreed-upon formal requirements are concerned. Each of the Trilateral Offices may provide requirements which are more favorable for applicants than the requirements provided for by the Common Application Format."
be a pre-OG notice available on the Internet. According to the Notice:
This format, which was developed in consultation with users from the three regions, will simplify and streamline
application filing requirements in each Office to allow applicants to prepare a single application in the common application format for acceptance in each of the three Offices. . . .
Implementation Status of the Common Application Format
EPO: The EPO is planning to implement the Common Application Format (CAF) in the beginning of 2009. Paper, PDF and XML format will be accepted.
JPO: The JPO is preparing for the introduction of the Common Application Format in early 2009, except that the sequence listing is a separate part of the description and that the request contains the number of the figure of the drawings which the applicant suggests should accompany the abstract are scheduled to be introduced in 2011.
USPTO: Current USPTO rules and procedure are consistent with the Common Application Format. While some of the requirements of the Common Application Format go beyond what the USPTO requires, the USPTO will accept an application in the Common Application Format.
The following is an example of a patent application format which complies with the Common Application Format. For legibility purposes, each heading is indented in this paper.
Title of Invention
Summary of Invention
Solution to Problem
Advantageous Effects of Invention
Brief Description of Drawings
Description of Embodiments
Reference Signs List
Reference to Deposited Biological Material
Sequence Listing Free Text
Citation List Patent Literature
Non Patent Literature
Relation of the Common Application Format to the PLT and PCT
The Common Application Format rationalizes divergent filing requirements applied in each of the Trilateral Offices. Noting that the Patent Law Treaty (PLT) has not yet come into force for any of the Trilateral Offices, some elements of the Common Application Format harmonize diverging filing requirements for national/regional applications filed in each of the Trilateral Offices by referring to the corresponding PCT provisions, which
would apply prior to the PLT coming into effect for all of the Trilateral Offices. Other elements of the Common Application Format address issues not regulated by the PCT for which the offices have different practices. Still
other elements pertain to issues that go beyond the PCT but, in terms of future development, represent what the offices consider to be appropriate means for addressing those issues.
For further information, please contact Diana Oleksa at 571-272-3291.
- Applicants will not be required to remove National Legends (i.e., cross references to related applications and statements regarding federal funding) from the description.
- A statement of industrial applicability shall be included when it is not obvious from the description or nature of the invention.
- Applicants will not be required to remove any reference citation list from the description.
- Applicants shall use the International System of Units (SI) in the description, but may use additional alternative unit systems as long as SI units are placed in parentheses.
- Paragraphs of the description (but not the title or section headings) shall be numbered consecutively using Arabic numerals.
- Mathematical or chemical formulae shall be preceded by a sign indicating that the formula is mathematical ("Math.") or chemical ("Chem."), followed by a space, and then by an Arabic numeral (e.g., Chem. 1)
- Tables shall be preceded by a sign indicating that the table is a table ("Table"), followed by a space, and then by an Arabic numeral (e.g., Table 1)
- Claims shall be preceded by a sign indicating that the claim is a claim ("Claim"), followed by a space, and then by an Arabic numeral (e.g., Claim 1).