You may use both the Provisional patent application and Non-Provisional patent application separately to make your invention patentable. A Non-Provisional patent application requests the USPTO (United States Patent and Trademark Office) to issue a utility patent. This Patent type protects IP rights for anything useful, novel, and non-obvious:
- New Machine or a newer version with more functions.
- Improved Processes and systems that are more economical and efficient.
- Chemical compounds or compositions of matter with new molecular structure.
- Upgraded patents
Moreover, a non-provisional patent application helps you to obtain a utility patent. This patent type deals with:
- Electrical, chemical, and mechanical inventions.
- Protecting the rights of the inventor to make, sell, and use an invention.
- As a public notice for innovation and IP ownership.
Non-Provisional Patent requirements:
You must make sure that your application includes only the correct information. The office may reject your patent application if you fail to include proper information. Thus, you have to start the complete patent process again.
Some of the important requirements for the non-provisional patent application are:
- It must include a detailed description of the invention and a few claims related to it.
- You must attach drawings to clarify the invention thoroughly.
- An oath or a declaration to present you as the original inventor of the product.
- Payment of several fees. These cover patent filing, patent search, and application examination.
- Stick to the English language. You may attach an English translation to the application with a statement that verifies translation accuracy.
- A Transmittal Letter or Utility Patent Application Transmittal Form.
- An Application Data Sheet.
- Few claims and a specification sheet.
Importance of Non-Provisional patent:
In 1995, USPTO introduced that a Non-Provisional patent application is different from the provisional patent application. Also, some inventors think that a provisional patent application offers you a head start at filing. However, this does not certify that the USPTO will accept your Non-provisional patent application.
Some of the major benefits of a Non-Provisional Patent application are:
- It provides long-term and wide-ranging protection.
- Owns enforceable claims to protect your IP.
- It provides exclusive rights to seek profit from your invention.
- Allows filing a lawsuit against the infringers.
- Creates licensing opportunities. You may license your patent rights to trustable manufacturers.
- USPTO publishes all new/pending patents in Official Gazette. This notifies the public about your invention or design.
However, it requires significant details, time and following several rules.
Also Read: Patent Draft: Major Core Principles
Non-Provisional Patent: Points to consider while filing
Firstly, you must perform a thorough patent search. Use the patent database of the USPTO. Moreover, you may hire a lawyer for additional professional patent search. Try to gather your application materials to create a non-provisional patent application. Also, you may use the online patent application system of USPTO for filing. Include the following important parts:
- Title: it must be short and to the point.
- Background: you must offer context for your invention. Don’t forget to include the prior art of related invention.
- Specification: they must feature the written description of the invention. Also, put enough details such that a normal person may build and use the invention on just reading your description.
- Drawings: include as many drawings as possible to present the invention from various perspectives. However, you may hire a professional artist for better results.
- Claims: keep them as specific as possible and state them in a particular way. Also, always follow USPTO guidelines for phrasing and language.
- Office action response: you may require amending your patent application. Respond to the office actions as quickly as possible and note down the deadlines.
- Notice of allowance: the notice of allowance signifies the acceptance of your non-provisional patent application via examiner.
- Payment of fees: you must pay the issue fee of the USPTO before the patent issue. You may receive the utility patent after an average of 3 months of paying the issue fee.
Also Read: How to Write a Patent Application Accurately?
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