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A patent application is a relatively inexpensive and quick means to announce an invention of your own. Will you put up a patent pending provisional rights application to the USPTO or United States Patent Office, you ascertain a filing date as well as what you have invented. Dates for filing are significant in law of patent since it ascertains who made a specific invention initially, and thereafter, who has got the rights to that invention. It might be feasible that somebody, somewhere, is presently thinking about the same idea of yours. Whoever deposits their application to the USPTO at first along with an earlier date of filing, would be eligible to prove that they have invented the same at first.
A provisional patent is separate from the non-provisional patent or called as full patent. Filing a full patent application needs an importantly bigger investment in money and time while comparing with the provisional. A non-provisional application for patent needs a patent professional of experienced type a considerable period of time to draft properly. The time needed by a patent expert and the time needed for processing your non-provisional application by the USPTO need you to invest for your invention. However, the choice of application for a provisional patent offers you the advantage of putting up your idea inexpensively and quickly. It permits you to use the term patent pending provisional rights legally while selling your idea. After filing a provisional, you get twelve months to think about whether it is justified for you to invest resources and time into a non-provisional application.
The case that an application for provisional patent could be inexpensive and quick is owing to the fact that it needs less time from both the examiners at the USPTO and your patent professional. Your reviews for patent professional in respect of your information about the invention for errors and assists you place the proper content. Claims that clarify the opportunity of your invention must not be included. More significantly, while you put up your provisional application to the United States patent office, they do not verify your invention. This signifies that they would not verify to examine whether your invention is really patentable and fulfill patenting criterion. The application for provisional just caters as a cost-effective and quick means to file your idea legally and maintain a filing date. In the event you get a non-provisional patent at a later date, you would be able to utilize the date of filing while you submitted your provisional application.
In US every patent is issued by a regulatory body known by the name of PTO (Patent and Trademark Office). Obtaining of a valid and an authentic patent can be a complex and a lengthy process that may take a lot of time and effort of the applicants. However, PTO has made a stipulation of a provisional patent application that is relatively easier to apply and has its validity for 12 months. However, within these 12 months the inventor has to obtain a valid patent for its invention.
This document is simple to apply and does not involve any major legalities or formalities. It is just an interim option that can be used until the status of patent remains awaited. Here we list out some useful tips and suggestions that would help in filing of a provisional patent document –
Acquire all document and annexure that come with the interim patent application form, do not miss any of the sheets. Deposit the required amount of fee and fill the form in clear and legible writing. The forms are easily available of the official website of the PTO. Download it and submit it after carefully filling it. Be specific with the required format of the application lest it may get rejected and cause many hassles.
- The interim patent application should have clear and concise specifications. Hire a technical writer who would give a professional touch to the document or it would lose its credibility. Use easy to understand terms and not confusion jargon. Explain not just the constructions of the product but also its working and maintenance.
- The document should also include its relevant drawings and diagram. They should be neatly labeled and properly marked.
At the time of depositing of a provisional patent application, ask for its deposit receipt. Though this form can be downloaded from the official site of PTO, it cannot be submit online. However, it can be certainly sent via registered mail. Do not forget to send a stamped and a self-addressed postcard with it that has the application number and various other relevant details that are clearly mentioned on it. In case of any disparity, the postcard would be mailed back to you.
Understand clearly that an interim patent would give protection to your invention only for a stipulated time of 12 months. Beyond this time period it would lose its relevance and utility.
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Once you send a patent application for an invention at the US Patent and Trademark office, your patent is heavily scrutinized by the patent examiner in order to ensure that your invention does not already exist. However, before you file your patent application form to describe about your product in a detailed manner, you should ensure that it is something unique and hence this would also ensure that your patent will not be rejected after a long wait. You can simply better your chances of approval by following certain rules that have been set up related to filing of the patent application.
- The most initial activity would be to search to see whether the invention that you are patenting already exists or not. Patents can be quite easily searched on the US Patent and Trademark Office website.
- Apart from the USPTO website, there are also some other websites that allow you to look up prior patents to products. In fact Google has a free patent search, which is quite easy to use and is also detailed.
In order to file patent application form for your invention, you can quite easily follow the below mentioned guidelines:
- Go to the USPTO website and print out a copy of their online patent forms. You can also hire a patent attorney that can work with you in order to file patent application in a seamless manner.
- The next step would be gather all the information about your invention and pin it down on paper. This information would include the title, background, summary, and also the description of your product. Make sure that you also mention your research skills for the background section in order to prove how you have improved on an existing product.
- It is recommended to spend some additional time with your attorney while filling the claims section. In this section, you would be mentioning in detailed sentences that list everything about your invention and also the reasons that explains its uniqueness.
- Do not forget to include drawings about your invention. Most of the people usually hire an artist in order to draw the specifications of their invention. However, a simple drawing shows the working of your invention is quite acceptable.
- Once you have completed filling all the necessary details in your patent application form, you can post your application to the USPTO office along with the necessary amount of fee that is required to be paid with your application.