Tricks & Tips to Describe an Invention in a Patent Application A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. A provisional application is not required to have a formal patent claimor an oath or declaration. It also allows the term "Patent Pending" to be applied in connection with the description of the invention. §119(e), the corresponding nonprovisional application must contain or be amended to contain a specific reference to the provisional application. See 37 CFR 1.78 Once a provisional application is filed, an alternative to filing a corresponding nonprovisional application is to convert the provisional application to a nonprovisional application by filing a grantable petition under 37 C. Converting a provisional application into a nonprovisional application (versus filing a nonprovisional application claiming the benefit of the provisional application) will have a negative impact on patent term. 102(a)(1), a provisional application can be filed up to 12 months following an inventor's public disclosure of the invention. Further, 37 CFR 1.53(c) prohibits amendments from being filed in provisional applications which are not required to comply with the patent statute and all applicable regulations. patent law and procedures should consult an attorney or agent registered to practice before the USPTO. Payment by check or money order must be made payable to "Director of the U. Patent and Trademark Office." HOW TO FILE The provisional application papers (written description and drawings), filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail. The drawings must show every feature of the invention specified in the claims. In order to capture the full benefit of a filing date, a patent application needs to completely cover the invention and all permutations as of the time the application is filed.
Writing Descriptions for a Patent Application Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional application for patent which was designed to provide a lower-cost first patent filing in the United States and to give U. applicants parity with foreign applicants under the GATT Uruguay Round Agreements. Provisional applications also should not include any information disclosure (prior art) statement since provisional applications are not examined. A provisional application for patent has a pendency lasting 12 months from the date the provisional application is filed. Therefore, an applicant who files a provisional application must file a corresponding nonprovisional application for patent (nonprovisional application) during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application. For nonprovisional applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet. The term of a patent issuing from a nonprovisional application resulting from the conversion of a provisional application will be measured from the original filing date of the provisional application. (Such a pre-filing disclosure, although protected in the United States, may preclude patenting in foreign countries.) A public disclosure (e.g., publication, public use, offer for sale) more than one year before the provisional application filing date would preclude patenting in the United States. Although the application will be accorded a filing date regardless of whether any drawings are submitted, applicants are advised to file with the application any drawings necessary for the understanding of the invention, complying with 35 U. To be complete, a provisional application must also include the filing fee as set forth in 37 CFR 1.16(d) and a cover sheet* identifying: The information in this brochure is general in nature and is not meant to substitute for advice provided by a patent practitioner. Electronically Using EFS-Web: The provisional application can be filed electronically only if EFS-Web is used. The process of writing a patent application, no matter how complicated your product or process is, begins simply with a description. This description—together with the claims section, which defines the boundaries of patent protection—is often referred to as the specification. As the word suggests, in these sections of the patent application you specify what your machine or process is and how it differs from previous patents and technology.
How to Write a Provisional Patent Application by Yourself. A provisional application for patent (provisional application) is a U. national application filed in the USPTO under 35 U. A provisional application provides the means to establish an early effective filing date in a later filed nonprovisional patent application filed under 35 U. However, a nonprovisional application that was filed more than 12 months after the filing date of the provisional application, but within 14 months after the filing date of the provisional application, may have the benefit of the provisional application restored by filing a grantable petition (including a statement that the delay in filing the nonprovisional application was unintentional and the required petition fee) to restore the benefit under 37 CFR 1.78. By filing a provisional application first, and then filing a corresponding nonprovisional application that references the provisional application within the 12-month provisional application pendency period, a patent term endpoint may be extended by as much as 12 months. Keep in mind that a publication, use, sale, or other activity only has to be made available to the public to qualify as a public disclosure. EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet. Steps to write a patent application by yourself 1. Prepare a disclosure about how to implement your invention. You can use our free patent application generator. It will automatically ensure you follow all patent laws and will automatically generate all paperwork according to the rules and regulations. 2. Follow the system provided prompts.
How to Write a Provisional Patent World-Leading Language. §119(e) for the benefit of a prior provisional application must be filed during the pendency of the nonprovisional application, and within four months of the nonprovisional application filing date or within sixteen months of the provisional application filing date (whichever is later). 1.53(c)(3) requesting such a conversion within 12 months of the provisional application filing date. A drawing necessary to understand the invention cannot be introduced into an application after the filing date because of the prohibition against new matter. Call the USPTO Contact Center (UCC) Monday to Friday (except federal holidays) at 800-786-9199 for fee information. Keeping these points in mind, you can begin to write your patent application. Protect your invention properly by using WhiteSmoke's online proofreading tool. Other grammar programs do basic checks, but WhiteSmoke is an all-in-one grammar check software, spell check software, and a tool for unique text enrichment.
How to Write a Patent Application. Back to Top PROVISIONAL APPLICATION FOR PATENT FILING DATE REQUIREMENTS The provisional application must name all of the inventor(s). A filing date will be accorded to a provisional application only when it contains a written description of the invention, complying with all requirements of 35 U. Applicants prepare documents in Portable Document Format (PDF), attach the documents, validate that the PDF documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing. Stocked with drafting checklists and sample drafting language, documents and drawings, the second edition of How to Write a Patent Application walks you step-by-step through the entire process of preparing patent applications. This hands-on resource helps you Get from an inventor all the information needed to prepare an effective application
Provisional Application for Patent USPTO In view of the one-year grace period provided by 35 U. When fillable EFS-Web forms are used, the data entered into the forms is automatically loaded into USPTO information systems. By Mail: The provisional application and filing fee can be mailed to: Commissioner for Patents P. Box 1450 Alexandria, VA 22313-1450 FEATURES WARNINGS A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law. Independent inventors should fully understand that a provisional application will not mature into a granted patent without further submissions by the inventor. To be complete, a provisional application must also include the filing fee as set forth in 37 CFR 1.16 d and a cover sheet* identifying the application as a provisional application for patent; the name s of all inventors; inventor residence s; title of the invention; name and.
How To Write A Provisional Patent Application That Has Value Applicants must file a nonprovisional application claiming benefit of the earlier provisional application filing date in the USPTO before the provisional application pendency period expires in order to preserve any benefit from the provisional application filing (unless the benefit of the provisional application has been restored under 37 CFR 1.78). Some invention promotion firms misuse the provisional application process leaving the inventor with no patent. How To Write A Provisional Patent Application That Has Value. To get the best patent application possible, you must become the expert of your product, its category, and at least a good deal.
How to Write a Patent UpCounsel 2019 Beware that an applicant who publicly discloses his or her invention (e.g., publishes, uses, sells, or otherwise makes available to the public) during the 12 month provisional application pendency period may lose more than the benefit of the provisional application filing date if the 12 month provisional application pendency period expires before a corresponding nonprovisional application is filed. CONTACTS Direct questions regarding regulations or procedures to the Office of the Deputy Commissioner for Patent Examination Policy. How to Write a Patent If you want to know how to write a patent, know that the price of hiring a legal professional to draft patent software can push some inventors out of the market, so you can choose to do nothing or attempt to invest on your own to pursue your invention and desires.