Provisional Patent Example: How does it matter?


A provisional patent plays a very crucial role during the patent application process. One must seek help from provisional patent example to avoid errors. An experienced patent attorney must prepare the provisional patent application with the help of an ideal provisional patent example. This is so because it is a techno-legal document with a detailed description of the invention and the most suitable method to perform it.

Also Read: How to Write a Patent Claim?

Provisional Patent Example: How and Why?

You may create a provisional patent example with the help of a non-provisional patent application as a guide.  One may also seek help from several templates. You must file a provisional specification to secure a priority date for your application over another application in progress related to a similar invention. The Patent office allots a filing date and an application number for the patent application after you file the specification.

NOTE:  An incomplete specification is considered abandoned along with the applications filed with it (Within 12 months from the filing date).

Also Read: An Insight to Provisional Patent Claims

What’s inside a Provisional Patent?

When we talk about provisional patents, a very crucial aspect is the specification. A patent specification comprises of technical details of the invention and legal limits of the protection the patent offers. It’s important to ensure that the description of the invention and the claims are clear so that the patent’s scope is all-encompassing. An examiner may reject your application or raise concerns if the description isn’t apt. During infringement cases, you might lose if your claims aren’t concise and accurate. Therefore, you should know how to strike the right balance while drafting the provisional and complete specifications.

Moreover, the provisional specification must contain a detailed description of the invention along with the title. It must start with a preface “The following Specification describes the invention”. You must start the description of the invention from the second page. The main points that you must mention about the Invention are:

  • Invention Domain

A domain defines the category of the invention. It classifies the base of invention, whether it is related to mechanical, electrical, chemical, and design.

  • The objective behind the invention

The objective behind the invention states the main motto behind the invention. It defines the area where the invention will serve.

  • Statement of the invention

The statement of the invention describes how the prior art lacks. It also states how the new invention may solve the problems. The main aim is to make the reader realize the true value of the invention and contribution made to the prior art.

  • The framework of the invention

The framework of the invention describes the history of the invention. It includes details about the previous versions of the invention, source of the idea, etc.

NOTE: It is not necessary to include claims in the specification.

Also Read: Writing a Patent Draft – The Major Requirements

Provisional Specification

This is a document where you broadly describe your invention but you need not disclose everything about it. You get a priority date and 12 months to file the completed application if you file a provisional application. The provisional specification discloses all relevant details of the invention in a sufficiently clear and complete manner. It is not required to disclose everything about the invention. However, it is highly advisable to provide as much information about the invention as possible.

Moreover, there is no need to submit any claims in this application but it is still wise to do it. You may also submit drawings that can help you explain your invention better. It’s important because the patent office refers to the provisional specification at the time of the complete application filing. Also, you may seek help from a previous provisional patent example to prepare better specifications.

Provisional Patent: Major Perspectives

At the time of drafting the provisional specification, you must keep a few perspectives in mind. This is important to secure a good quality patent. Some of them are:

·        Invention

You should be clear about the invention in terms of defining it, explaining its application and the future scope. You should have the vision to see how one can optimize your invention. To do this, you must follow the “X+1” rule. You may take a previous provisional patent example, consider that your invention is a chopper (assuming that a regular knife is its prior art). Here, the innovation is that the chopper optimizes the use of the knife for cutting with better precision. You must have the foresight to consider a chopper with new dimensions and shape but following a similar mechanism. Therefore, you should accordingly draft a patent specification.

·        Third-Party

You must also carefully evaluate potential infringers. Your invention may be more relevant to and applicable to other competitors in the industry. These include companies, manufacturers, assemblers, end-users, etc. They might try to use your invention in some form or the other for their gains. Therefore, you must draft a patent specification that will, without any ambiguity, make the potential infringers liable for infringement.

·        Patentability

You must be careful about prior art and constantly strive to expand the scope of protection for the invention. Also, you must steer clear of the prior arts that a patent examiner considers during prosecution. You must be aware of the existing prior arts in the field of the invention. Thus, you may seek help from a previous provisional patent example. This helps you to draft the patent specification such that you differentiate your invention from the prior art. You must also ensure that your specification ensures that your invention is novel, non-obvious and industrially applicable.

Also Read: How to Write a Patent Accurately?

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