How to Improve Drafting in Provisional Patent Applications?

Provisional patent applications are preliminary applications that can be filed 12 months before filing a non-provisional application. They include less drafting and formality than a non-provisional application. The provisional applications place the invention in a pending state, and no one else could claim for the same invention within that pending period. Basically, provisional applications are pre-disclosure for patent application.

Provisional applications are filled with only the invention description, without specifying the claims of the invention.  But, specifying a single claim is still recommended.


Areas of Focus

There are certain areas or elements within the patent application that must be carefully drafted to avoid any irrelevant mistakes. These areas are described below in detail.

  • Description: While starting to work on the description part, one must review the exiting provisional applications by thoroughly going through a number of applications that matches with your subject matter. This will help to guide the author about how the description part is framed for their subject matters. After getting a rough idea, and taking notes on that, one must practice out on some other applications related with similar subject matter. After acquiring full knowledge and skills to start the description part, the author must be aware of the fact that description is the most important part of the application and it must be carefully written. It must be descriptive, precise, and technical based.

Description must be written in an order stated by the USPTO laws. Every description starts with a short and precise title. Previous problems must also be included in the application, followed by specifying some background knowledge about the subject, stating under the category of ‘prior art’.

After stating the existing problems, the description must be then molded towards the possible solutions which the author or the inventor is working upon. Followed by the possible solutions, a summary must be presented that concludes the whole functionality of the invention. At the end comes the list of figures, followed by the detailed description of each and every element involved in the invention.

  • Patent Drawings: Drawings can be any sort of diagrams, such as flowcharts, photograph, UML diagrams, process diagrams, chemical or mathematical formulas, etc. But drawings must be referenced using reference numbers. In case of mechanical devices, these numbers are included on the drawings.  For flowcharts, photographs, and the like, these should be referred to in the description. And special attention must be given while naming a figure and giving it a reference number. The same reference number must be used everywhere in the description, to maintain accuracy and consistency of content.
  • Photographs: Photographs must be included with clear marking on them. They have to be made more formal while submitting it as a non-provisional application.
  • Patent Proofreading: Once the whole document is created, it must also be proofread to avoid any mistake, before submitting it to the patent office. Since provisional applications cannot be formatted or modified, once submitted, therefore, it must be carefully checked and then submitted. However, it can be submitted as improved versions or revised versions, if any modifications are required.

Our Approach

All the special care can easily be taken care, once you hire a professional to perform whatever you want from the application. Our team at the Patent Drafting Catalyst is constantly working in this field to provide our clients with best in market services, according to their requirements.

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