July 10, 2019

Patent Application Drafting : Provisional & Non-Provisional

Why choose ‘Patent Drafting Catalyst’ (PDC) for drafting your patent applications?

  • PDC: 10+ years of experience in supporting patent prosecution, 200+ full time patent engineers,
  • 30+ Technology Areas, 100+ applications every year, multiple patents already granted
  • Multiple levels of support to suit your requirements and budget
  • Experience of supporting patent attorneys  from multiple countries with their patent drafting requirements for multiple jurisdictions/authorities.
  • Experience of working with multiple patent attorneys, and hence, always up-to-date on industry best practices for patent drafting
  • Experts in multiple technology areas to ensure good patent application draft in cross-domain inventions
  • Patent engineers with experience of patent commercialization and patent infringement litigation understand the importance of well-drafted patent claims – This ensures that the patent applications are drafted from perspective of potential future commercialization
  • No surprise pricing. No hourly billing. Fixed fee, so you don’t have to worry about the bill going high and you can focus on what matters – a well-drafted patent application that appropriately covers the invention.
  • Quick turnaround and unlimited iterations

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More about patent drafting:

Unlike the popular belief, writing a patent application is not just about meeting the patent office requirements and getting a grant. A patent document is not even worth the paper it is written on if it is not enforceable when the need arises. A good patent drafter always thinks ahead in to the future and writes an application that will be difficult to bypass by minor tweaks and/ or even after technological advancements. A good quality patent application draft further ensures that it sails through smoothly during the prosecution. This way the applicants do not end up spending a fortune on office actions and patent office objections. Further, it should be understood that rules of the game are different for different technical areas and countries. While preparing a patent application various recent case laws and decision must be kept in mind.

At PATENT DRAFTING CATALYST, we have perfected the art of patent drafting for multiple technology areas and countries. We have seen how patent attorneys prosecuting our patent drafts have been able to reduce the office actions significantly. A number of patents, which were drafted by us, have been successfully enforced against infringers – getting us the trust, appreciation and more business.

Provisional patent application, as the name suggests, is a provision in the patent laws of several countries that allows applicants to file a patent application that does not comply to the complex structure requirements of a regular (non-provisional) patent application. One of the objectives behind having this provision is to help applicants get an official priority date quickly, i.e. avoiding any delays owing to the time taken in getting a non-provisional patent application drafted, etc.

The important aspects of about provisional application are quick turnaround (so as to secure earliest possible priority) and encompassing language (so priority is not denied when filing non-provisional application). Here, it is important that the experts involved with provisional patent application preparation understands the path an applicant will take from provisional to complete specification application so as to include all possible scenarios and ensuring that the priority rights are not lost.

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Provisional patent applications

Provisional patent application, as the name suggests, is a provision in the patent laws of several countries that allows applicants to file a patent application that does not comply to the complex structure requirements of a regular (non-provisional) patent application. One of the objectives behind having this provision is to help applicants get an official priority date quickly, i.e. avoiding any delays owing to the time taken in getting a non-provisional patent application drafted, etc.

The important aspects of about provisional application are quick turnaround (so as to secure earliest possible priority) and encompassing language (so priority is not denied when filing non-provisional application). Here, it is important that the experts involved with provisional patent application preparation understands the path an applicant will take from provisional to complete specification application so as to include all possible scenarios and ensuring that the priority rights are not lost.

Provisional Patent Application Drafting

Provisional Patent Application Drafting

A provisional application has to be drafted in an all-encompassing fashion so that a worthwhile non-provisional application can be filed taking a valid priority from it and a patent grant can be attained. Non-provisional applications that take priority from a provisional application are only valid if they do not disclose any new matter.

It is, therefore, always recommended that one takes help of experts in drafting a provisional application.

And to cater to this necessity, PDC experts, with experience of drafting several hundred patent applications in multiple technology domains, provide a well-crafted provisional application draft that covers all embodiments, expansions and applications of the invention so that it can be conveniently converted to a non-provisional application, when needed. PDC experts deliver the applications quickly and cost-effectively to ensure earliest priority dates for the invention.

Review of a Provisional Patent Application Draft

A provisional application has to be drafted in an all-encompassing fashion so that a worthwhile non-provisional application can be filed taking a valid priority from it and a patent grant can be attained. Non-provisional applications that take priority from a provisional application are only valid if they do not disclose any new matter.

It is, therefore, always recommended that one takes help of experts in drafting a provisional application.

If, however, you have already drafted a provisional patent application, it is recommended that an expert reviews it critically, provides you feedback and instructions on improving the draft further, and reviews the amendments you make to ensure that you are all set to file the application with the patent office.

And to cater to this necessity, PDC experts, with experience of drafting several hundred patent applications in multiple technology domains, critically review your provisional application draft and give you a detailed feedback and instructions for amending the draft yourself. Thereafter, once you have amended the draft, PDC experts again review the amended draft to help you create a well-crafted provisional application draft that covers all embodiments, expansions and applications of the invention.

The intention is to guide you in preparing a draft, quickly and cost-effectively, that can be conveniently converted to a non-provisional application, when needed.

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Non-provisional patent applications

Non-provisional patent applications, being the final draft of applications that are filed with the PTOs for examination and subsequent grant, need to be complete in every respect.

A non-provisional application should explicitly claim the invention as broadly as possible while covering all possible embodiments of the invention, disclose the best mode of the invention and various embodiments / applications along with PTO-compliant drawings to enable a person skilled in the art to practice the invention.

To cater to these requirements, at PDC we follow the proven methodology of first drafting the claims of the application and following it up with the remaining sections, i.e., drawings, brief description of drawings, summary of the invention, detailed specifications, advantages of the invention, background, abstract, etc. This process ensures that claims are optimal and specifications fulfil the enablement requirement.

Further, depending on the requirements, we are flexible to draft a complete non-provisional applications or sections thereof.

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Non-Provisional Patent Application: Drafting Complete Application

Non-provisional patent application draft, prepared by expert technical patent drafters at PDC, for direct filing with a patent office by a patent agent or an applicant.

This draft is complete in all respects and includes all sections of the patent application. We understand that clarity in claims, comprehensiveness in specifications, perspective of enforcement, knowledge of case laws and recent best practices while drafting a patent application determines the chances of eventual granting of patent and, more importantly, the monetization potential of the granted patent.

While all patent applications must satisfy a checklist, every patent attorney has his own signature way of drafting applications. At PDC, we understand how important and critical their own drafting style is for each attorney and we adhere to it in our drafts.

Non-Provisional Patent Application: Drafting Only Specifications

Some patent attorneys / agents prefer to draft the claims themselves and have the remaining sections of the patent application drafted by patent drafting experts of PDC.

This variant helps the patent attorneys / agents have better control of the final draft non-provisional patent application. This option has two advantages:

  1. The attorneys can brainstorm on the invention, define the scope of the application in the beginning itself and control the overall direction of the patent application.
  2. They can utilize the time they would otherwise spend on drafting the remaining sections of the patent application in drafting claims for other patent applications OR in business development.

Further, even though all non-provisional patent specifications must satisfy a checklist, every patent attorney has his own signature way of drafting applications. At PDC, we understand how important and critical their own drafting style is for each attorney and we adhere to it in our drafts. This is another convenience that comes with PDC.

Mostly, after doing 1-2 specification drafts with PDC and understanding our expertise, the attorneys feel comfortable just discussing the structure of claims with our experts and having us draft the complete non-provisional application. Whereby they directly order the Non-Provisional Patent Application: Drafting Complete Application” and free-up more of their time for more valuable activities.

Non-Provisional Patent Application: Drafting Only Claims

Claims can be amended during the prosecution in light of the objections raised by the examiner; however, specifications cannot be amended once the non-provisional patent application is filed with the patent office.

Accordingly, some patent attorneys / agents prefer to draft the specifications of the application themselves and have patent drafting experts of PDC draft the claims of the invention.

This variant helps the patent attorneys / agents have better control of the final draft non-provisional patent application. This option can have the following two advantages depending on the attorney’s preference:

  1. The attorneys have a better control on the non-changeable part of the patent application, i.e., the specifications of the application.
  2. They can utilize the time they would otherwise spend on drafting the claims in preparing the specifications for other patent applications OR in business development.

Further, even though all non-provisional patent specifications must satisfy a checklist, every patent attorney has his own signature way of drafting applications. At PDC, we understand how important and critical their own drafting style is for each attorney and we adhere to it in our drafts. This is another convenience that comes with PDC.

Mostly, after doing 1-2 specification drafts with PDC and understanding our expertise, the attorneys feel comfortable just discussing the structure of claims and specifications with our experts and having us draft the complete non-provisional application. Whereby they directly order the Non-Provisional Patent Application: Drafting Complete Application” and free-up more of their time for more valuable activities.

Non-Provisional Patent Application: Custom Sections Drafting

PSC experts are experienced in drafting complete patent applications OR sections thereof, depending on the preferences of our clients.

Each attorney has their own preferred way of optimizing their effort by utilizing it on advising clients with their innovation / filing strategies and keeping control of the overall application(s) while off-loading the responsibility certain patent application sections to PDC experts.

In this variant, you can choose which section of the application you would like PDC experts to draft for you while you focus on more valuable activities.

Further, even though all non-provisional patent specifications must satisfy a checklist, every patent attorney has his own signature way of drafting applications. At PDC, we understand how important and critical their own drafting style is for each attorney and we adhere to it in our drafts. This is another convenience that comes with PDC.

Mostly, after doing 1-2 section drafts with PDC and understanding our expertise, the attorneys feel comfortable just discussing the structure of claims and specifications with our experts and having us draft the complete non-provisional application. Whereby they directly order the Non-Provisional Patent Application: Drafting Complete Application” and free-up more of their time for more valuable activities.

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Patent Drafting Samples

You can also check and review our Free Samples (Patent Drafts from our recent work). Click here to download