You must file a provisional patent application if your invention is still in the development stage. It allows you to secure a priority date for your application. You get a 12 month period to file a complete application from the date of filing the application.
You need not describe everything about the invention; just a simple description is enough. There is no need to include drawings or claims in the provisional patent application. However, it is highly advisable to describe as much about the invention as possible. This will eliminate any sort of doubts and you will have a stronger position in terms of the protection.
In conclusion, a provisional patent application does not need to be very elaborate. The main idea of an application is to secure a priority date.
Also Read: Patent Draft: Major Core Principles
Provisional Patent Application: Inside Matter
A patent application is a document that explains your invention is very specific terms. That is the domain in which you are seeking coverage for your invention. It must be highly accurate in its description. It must cover some important points, such as:
- Proper application format
- Inventor residence
- Title of the Invention
- Correspondence address
- Docket number (if applicable)
- Name of the Inventor or Inventors
- Name and registration number of attorney
- The U.S. Government agency with a property interest in the application
Also Read: An Insight to Provisional Patent Claims
Provisional Patent Application: Important Facts
The provisional patent application owns some go and no-go. You must remain very careful about these facts in order to receive a patent grant. Also, provisional patent applications are not examined on their merits. Thus, you must have a look into these points while filing a provisional application:
- They can’t claim benefit from an application that is previously-filed whether foreign or domestic.
- You must keep the disclosure of the invention as complete as possible.
- The subject matter in the non-provisional application must support the provisional application in order to obtain the benefit of the filing date.
- Name each inventor in the application if there are multiple inventors.
- Every mentioned inventor in the provisional application must own a contribution to the invention. It may be joined or individual.
- The non-provisional application and the provisional application must have at least one inventor in common to claim filing date benefits.
- You must entitle the provisional application to a filing date and pay the basic filing fee. Thus, your non-provisional application may claim the benefits of a provisional application.
- You are not allowed to make amendments in provisional applications after filing.
- The inventor is not allowed to file an information disclosure statement in a provisional patent application.
Also Read: Patent Drawing: Summary from tip to toe
Provisional Patent Application: Features
A provisional application plays a vital role in the patent grant. You must describe your provisional patent application in a specific way to gain maximum advantage. Some of the main features of the provisional application are:
- Simplifies filing while lowering the initial costs.
- It provides 12 months to assess the commercial potential of the invention before the non-provisional patent application.
- Helps to gain official filing date of United States patent application for the invention.
- It provides a “Patent Pending” status for 12 months. You may utilize this time for further preparations.
- Starts the Paris Convention priority year.
- It allows you to perform commercial promotion of the invention with strong security.
- Permits the applicant to receive copies certified by USPTO.
Also Read: Non-Provisional Patent – A User Guide
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