How to Write a Provisional Patent Application Ming Chow - July 16, To properly write a provisional patent application, it should have 1 a complete description of how the invention works and 2 a set of technical drawings that help explain how the invention works. The key concept is that a provisional patent application must fully describe how the invention works, including the components that make up the invention and how the components are arranged.
Patent Law Resources Provisional Patent Provisional patent examples can be created by using a non-provisional patent application as a guide or by using one of several templates.
A provisional patent application is not nearly as detailed or complex as a non-provisional one. Therefore, examples are fairly simple, and not standardized.
Provisional patent applications are also called "provisional application for patent" and "provisional patent application forms. Submissions must include the following information: A written description of your invention Drawings of what your invention looks like not required, but usually desirable A cover sheet that lists the inventors The fee transmittal form and filing fee A provisional patent application should have enough details that someone could make your invention without guessing or experimenting.
To get an idea of what your provisional patent application should look like, use patent applications from your field as examples. Your search criteria should be in the same field as yours or a similar type of invention. Give yourself time and be patient. You will find published applications to look over and to use as examples for your provisional patent application.
You want to have the first patent on your idea or invention. You want to use the term "patent pending" but aren't ready to file your non-provisional patent application. The date of your provisional patent application also supplies an early effective date for your patent, once it is granted.
This helps you if someone decides to patent the same idea after you. Provisional patent applications expire after 12 months if you don't follow up with a non-provisional patent application.
This is a good reason to follow the non-provisional patent format. You will then have your information ready when you need it. Provisional patent applications are used to "timeshift" the length of time for your patent.
Patents are active for 20 years from the filing date of a regular patent application. By filing a provisional patent application, you give yourself extra time to file your patent application. You also proactively place a claim on the patent for your invention to prevent someone else with a similar invention getting the patent instead.
It's important to remember that your patent will only be valid if your non-provisional patent application is accepted. When you file the non-provisional patent application, the form and information should be basically the same as in the provisional one. The only changes you should make are to add new information found within the year and claims you didn't include on your provisional patent application.
You are prepared to provide the greater detail required by the non-provisional application. You do not want to wait the extra months to have your patent evaluated. Your invention is ready to be used and does not require additional time for final development.
Although a provisional patent application is relatively informal, you'll still need to provide a full description of your invention. Remember that if you change any aspects of the creation that make it unique, you will need to file a new patent application.
If your claims are not described in enough detail, the protected aspects of your invention will be limited, and competitors will be able to take advantage. The more thorough your descriptions, the more comprehensive the patent protection you will receive.
Advantages and Disadvantages of Using a Provisional Patent Not every invention needs a provisional patent application. Weigh the advantages and disadvantages and think about your industry to make your decision.
Advantages include the following: You get an early effective date for the patent on your invention.the application as a provisional application for patent; the name(s) of all inventors; inventor residence(s); title of the invention; name and registration number of attorney or agent and docket number (if applicable); correspondence address; and; any U.S.
Government . A provisional patent application is not legally binding and does not actually patent your invention.
However, it does give you a full year from the filing date to submit the forms and payments you need to make the non-provisional patent a reality.
During this time, your invention is "patent pending. Filing a formal patent application is expensive and time-consuming, and usually requires the services of an experienced patent attorney. You can, however, file a provisional patent application with much less effort and without retaining an attorney.
Filing a provisional patent application will put. Filing a provisional patent application will put your invention in "patent pending" status for 12 months, preventing anyone else from filing for patent protection for the same invention.
This month window will buy you time to file a formal application. A provisional application for patent (provisional application) is a U.S.
national application filed in the USPTO under 35 U.S.C. §(b). A provisional application is not required to have a formal patent claim or an oath or declaration. One of the best ways to understand how to write a patent for your type of invention is to take a look at already issued patents.
Visit the USPTO online and do a search for patents issued for similar inventions to .