A provisional patent application is not legally binding or patent your invention, but it does give you a year from filing date to submit forms and payments. A provisional patent application is fairly simple, but it must include the following: A written, detailed description of the invention Drawings or illustrated figures that support the invention Text that describes the drawings or figures Your name and contact information Your lawyer's name and contact information A cover sheet A provisional patent application is not legally binding and does not actually patent your invention.
Lastly, PVAs are considered to increase the value of a venture and can help in fundraising. After a PVA is filed, the inventor must file a complete application within a year in order to claim priority to the filing date of the PVA.
However, an inadequately drafted PVA can result in a rude awakening for the over-confident inventor. One problem lies with the drafting of the invention description in the PVA.
However, it is always advisable to include at least one claim in the PVA so that the inventor can have a level of confidence that there is enough detail in the description to support the claims. Thus, do not let the relative informality of the PVA lull you in to a false sense of confidence.
Writing a provisional patent application in Pasadena, we often encounter sophisticated inventors from around Southern California who know their technology but know nothing about the arcane rules of patent drafting.
An inadequate description of your invention and alternatives can result in a narrow application that leaves the field open for your competitors.
The description includes various sections, and the proper format should be followed in a PVA. It begins with general background information and then moves to sections with more detailed information about the invention. Also, the description must not include any misleading information or omit relevant facts.
Although drawings are not technically part of the description drawings are on separate pagesthe drawings typically include references numerals, which reference numerals are included in description of the drawings.
For mechanical devices, reference numerals are included on the drawings. Also, where appropriate, the drafter can include chemical and mathematical formulae in the description. If there are flowcharts, photographs, and the like, these should be referred to in the description.
Generally, regular utility patent applications are not allowed to include photographs. However, it is acceptable to use photographs in PVAs and we frequently include marked up drawings as a stand in for formally prepared patent drawings.
However, when the provisional patent application is converted to a regular utility patent application, formal drawings must be submitted. Tips on Preparing Provisional Patents 1. Review other Patents to Help You with Your PVA One great way to prepare a provisional patent application is to find one or more issued patents in the same field and follow the same general format.
Although the USPTO search engine is a basic Boolean system, given appropriate search words and adequate time and attention, you should be able to locate patents and published applications that will provide good guidance to you in preparing your PVA. In general, applications begin with background information.
The next section is a summary of the invention which provides a general description of the invention. Following this is a listing of the figures Brief Description of the Drawings and last is a Detailed Description of the Invention, which described each element and feature of the invention.
How to Write the Description Below are some how-to instructions and tips to help get you started writing the description of your invention.
When you are satisfied with the description you can take a stab at writing some claims for your PVA. However, if you prefer to let a patent attorney write the claims, then you need not prepare any claims. When writing the description, use the following order, unless you can describe your invention better or more efficiently in another way.
Title Background Information and prior art Description of how your invention addresses a technical problem List of figures Detailed description of your invention One example of intended use To begin, you might find it helpful to first jot down brief notes and points to cover each of the above headings.
As you refine your description into its final form, you can use the outline suggested below. Create the title of your invention. Make it short, precise and specific. It should be no more than 15 words. Avoid naming the invention after yourself or anyone else e.
The title will preferably be one that is easily searchable by third parties during patent searching. Next, write a broad statement that gives the technical field related to your invention. Continue by offering background information that people will need to understand, search for, or examine your invention.
Continuing with the example above: Discuss the problems that others have faced in this area and how they have attempted to solve them. It can include other published patent applications, patents, technical literatures, advertisements, and can even include the lectures presented at scientific conferences.
It is at this point that applicants frequently refer to other patents. For example, if you have done some prior art research, and find that there is a patent on a wrench with a rubberized handle, but is otherwise like old-fashioned wrenches with a small circumference, you might describe it and distinguish over it.
However, the handle is of convention size, shape, and circumferences and provides no added benefit to people with compromised grip strength….Download Provisional Patent Application Example 1 -Here is the application that was filed.
Download Issued Patent - This link is for the issued patent (note we are the ones who argued with the patent office to get this patent allowed for the inventor). Provisional applications for patent may not be filed for design inventions.
Provisional applications are not examined on their merits. Provisional applications for patent cannot claim the benefit of a previously-filed application, either foreign or domestic.
A provisional application for patent (provisional application) is a U.S. national application filed in the USPTO under 35 U.S.C. §(b). A provisional application is not required to have a formal patent claim or an oath or declaration.
One great way to prepare a provisional patent application is to find one or more issued patents in the same field and follow the same general format. Visit the USPTO online and do a search for patents issued for similar inventions to yours.
To properly write a provisional patent application, it should have 1) a complete description of how the invention works and 2) a set of technical drawings that help explain how the invention works. Drafting a Provisional Application Sue A.
Purvis Innovation and Outreach Coordinator New York City Region. 2 Outline – Patent application as a vehicle to communicate and persuade • Substantive and formal legal requirements • Tell the story of invention • Provisional applications.