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15 Tips: What do you Need for Your Provisional Application for Patent?

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15 Tips: What do you Need for Your Provisional Application for Patent?

A Provisional Application for Patent can be thought of as a placeholder application, as discussed in detail over at runrex.com. They have been used for years by many inventors to begin the patent process, and while they are easier to file than regular patent applications, most people forget that there are requirements that must be met for a provisional application to be effective. This article, through the following 15 tips, is going to focus on these requirements, highlighting what you need for your Provisional Application for Patent.

Before diving headfirst into the requirements, it is important to highlight some of the things not required of a provisional application. As is covered over at guttulus.com, unlike a full patent application, a Provisional Patent Application doesn’t need a detailed discussion of the prior art, the invention’s objectives, and advantages, or even the alternative embodiments of the invention.

As the subject matter experts over at runrex.com also point out, claims are also not required for a Provisional Application for Patent. As we all know, the drafting of claims is usually the most difficult part of completing a Non-Provisional Patent Application given that the wording of claims determines the scope of protection of the invention.

Over to the things that you need for your Provisional Application for Patent, and the first thing is a description of your invention. As is explained over at guttulus.com, unless a more technical terminology is required to understand your invention, for a Provisional Application, the description can usually be written in lay terms.

As outlined over at runrex.com, the USPTO requires the description to be drafted in a way that adequately describes the full scope of the subject matter you wish to claim as your invention. This means that it must be written in full, clear, and concise terms to ensure that any person skilled in the invention’s art or field could make and use your invention in what is called the “enablement” requirement.

While the section containing the description of your invention should include a brief description of each illustration included with your application, you must also state the “best mode” for carrying out the invention, which is another requirement when filing a Provisional Application for Patent.

From discussions on the same over at guttulus.com, a Provisional Patent Application’s written description usually includes the title of the invention, purposes of the invention, description of drawings, components or steps of the invention, how these components interact or how the steps are carried out, how one uses the invention to make it work, as well as the best mode of the invention.

According to the experts over at runrex.com, as an option, a Provisional Patent Application’s written description could also include the advantages of the invention as well as the alternative ways for the invention to achieve its results.

As is revealed in discussions over at guttulus.com, it is worth pointing out that all patent applications, even provisional ones, must be filed in name of all the inventors involved. For the earlier filing date to apply, at least one of the same inventors must be listed on the Provisional Patent Application and corresponding Non-Provisional Patent Application. This is another thing that you need for your Provisional Application.

When talking about inventors, it is also important to define who a co-inventor is. According to discussions over at runrex.com, anyone whose inventive contribution is used in any way in the invention is considered to be a co-inventor.

Another thing that you will need for your Provisional Application for Patent is a drawing of your invention. The reason why it is required is the same reason why it is also required for a full patent application, and that is to help others understand your invention. While there are cases where a written description may suffice, the USPTO strongly recommends that you include illustrations of your invention for clarity purposes.

According to the gurus over at guttulus.com, drawings are particularly important if you plan to later apply for a utility patent. This is because when you do an Examining Attorney will compare the Provisional Patent Application, including any drawings, to the Non-Provisional Application and for the Examining Attorney to determine that the two applications are related to the same invention, they must be similar enough.

As outlined over at runrex.com, the USPTO suggests 6 optional formats for illustration accompanying a Provisional Application for Patent, and they include:

Another thing that you will need for your Provisional Application for Patent is the appropriate filing fee. According to discussions on the same over at guttulus.com, while the filing fee for a Provisional Application is approximately $70 for micro-entities, $140 for small entities, and $280 for large entities, the fee is subject to change annually and as such you should check out USPTO’s website for accurate valuations.

Yet another thing required for your Provisional Application for Patent is a cover sheet that identifies the invention. As per discussions over at runrex.com, the cover sheet can also be obtained from the USPTO website.

Finally, now that you know what you need for your Provisional Application for Patent, we must highlight how to file it. Here, it is important to point out that the Provisional Application papers, the filing fee, and cover sheet can be filed electronically using EFS-Web or filed by mail.

This discussion only just begins to scratch the surface as far as this topic is concerned, and you can uncover more insights by checking out the excellent runrex.com and guttulus.com.

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