What does the provisional patent application need to include?
The provisional patent application must be made in the name(s) of all of the inventor(s). It can be filed up to one year following the date of first sale, offer for sale, public use, or publication of the invention. (These prefiling disclosures, although protected in the United States, may preclude patenting in foreign countries.)
A filing date will be accorded to a provisional application only when it contains:
1. A written description of the invention, complying with all requirements of 35 U.S.C. §112 ¶ 1; and
2. Any drawings necessary to understand the invention, complying with 35 U.S.C. §113.
If either of these items is missing or incomplete, no filing date will be accorded to the provisional application.
To be complete, a provisional application must also include the filing fee and a cover sheet identifying:
• The application as a provisional application for patent;
• The name(s) of all inventors;
• Inventor residence(s);
• Title of the invention;
• Name and registration number of attorney or agent and docket number (if applicable);
• Correspondence address; and
• Any US Government agency that has a property interest in the application.
Cover Sheet: Form PTO/SB/16, available on the printable forms page of the USPTO website at www.uspto.gov/web/forms/sb0016.pdf, may be used as the cover sheet for a provisional application. Even though the provisional application is significantly shorter and easier than the nonprovisional one, a qualified and experienced patent attorney is needed to assure that you meet the strict requirements of the provisional application and secure your date of invention. Contact a LawInfo Lead Counsel qualified patent attorney today and get started on your PPA now!
Other Patents FAQs
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What is a patent?
According to the United States Patent and Trademark Office (USTPO), a patent for an invention is a grant of property rights by the U.S. Government through the U.S. … more -
Who may apply for a patent?
According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if … more -
What is a provisional patent application?
Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional patent application, also known as a … more -
What are the advantages of filing a provisional patent application?
The advantage of a provisional patent is that it's much faster and easier to file than a standard patent application. A standard patent application can take months to … more -
What is the difference between a provisional patent application and a non-provisional one?
A provisional patent has a 12month pendency period from the date of filing. The U.S. Patent Office will not grant extensions for any reason. A patent inventor … more -
How do I turn a provisional patent application into a full one?
Once a provisional application is filed, an alternative to filing a corresponding nonprovisional application is to convert the provisional application to a … more -
What does the non-provisional patent application need to include?
A nonprovisional application for a patent is made to the Assistant Commissioner for Patents and includes: 1. A written document which comprises a specification … more -
Should I hire a lawyer?
Filing for a nonprovisional patent application is very complicated and the requirements are strict. As you see, it is best to have all parts of the application … more
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