Choosing Between a Provisional and Non Provisional Patent Application
If you’re contemplating filing for a patent, it’s essential to be aware of your options. Making the correct choice at the right time can either give your application an advantage or lead to rejection.
The initial step is to decide whether you want to file a provisional or non-provisional patent application. A provisional application is an efficient way to get in line at the USPTO and deferring more costly non-provisional applications; however, it could also delay your patent issue up to one year.
What is a Non-Provisional Patent Application?
Non-provisional patent applications are utility patent applications filed with the United States Patent and Trademark Office (USPTO) to acquire a patent. They typically involve inventions with value that exceeds that of filing a provisional application for its protection, so they’re often preferred over provisional applications.
A patent attorney can assist you in deciding whether to file a non-provisional or provisional patent application, and how to prepare each one. If you decide on non-provisional patent filing, make sure all necessary paperwork and documents are prepared.
For instance, you may need to submit a translation of your invention with the application and pay the fee set out in 37 CFR SS 1.17(i). Additionally, an oath or declaration from you stating that the patent claims and drawings are original works rather than copies from someone else’s.
When deciding whether to file a non-provisional or provisional patent application, one factor to take into account is how quickly you need your patent granted. If expediency is key, filing for a provisional patent application could be the best course of action.
However, if you need to postpone the examination of your patent as long as possible, filing a non-provisional application is recommended. Doing this will allow your patent to enter the line for examination in approximately 1.5 years.
Additionally, you are permitted to display “patent pending” on your products or services for up to 12 months after filing your patent application with the USPTO. This is a great benefit that many startup entrepreneurs have used as leverage when seeking investment, marketing new items, or raising funds based on the perceived worth of their IP portfolios.
To take advantage of a provisional patent application’s priority date, you must file a non-provisional patent application within one year from its filing date. Your non-provisional patent must fully describe your invention in this later application and be filed before the 12-month dependency period of the provisional patent application expires.
Why File a Non-Provisional Patent Application?
If you have an invention that you would like to protect, filing for a non-provisional patent application might be the way to go. This application will give you the assurance of rights and enable you to license them out to trusted manufacturers.
Filing a non-provisional patent application can be an excellent way to maximize the value of your invention. Here are some reasons why:
The primary advantage of non-provisional patent applications is their speedy grant of patent rights when needed. While non-provisional applications take more time to prepare and review, they often lead to an efficient and inexpensive grant of a patent.
One additional advantage of a non-provisional patent application is that it can be filed in another language besides English, making it simpler to market your invention globally since more people will understand its meaning.
Finally, a non-provisional patent application gives you the opportunity to fully describe your invention. This is an essential element of a successful patent application and it will determine how much protection is granted for your creation.
To accurately describe your invention in a provisional application, it’s best to include as many different ways as possible. For instance, if the dog toy features an intricate pattern of holes and slits, include as many variations of this design as possible.
Be mindful when filling out your non-provisional patent application. Adding additional information not contained in the provisional application could result in losing priority dates for claiming full patent protection.
If you are considering making changes to your invention during the year prior to filing for non-provisional patent application, be sure to consult an attorney first.
Filing a non-provisional patent application can be time consuming and costly, but it’s worth the extra effort to secure one for your invention. Plus, it serves as an ideal opportunity to test out whether there is an actual market for what you have created.
What to Include in a Non-Provisional Patent Application
The United States Patent and Trademark Office (USPTO) grants patents for inventions that meet certain criteria, such as novelty, non-obviousness, and usefulness. A patent grants inventors the exclusive right to make, use or sell their invention within the United States.
However, in order to obtain patent protection an inventor must file a patent application with the USPTO. This application should include a patent specification, one or more claims, inventors’ oaths or declarations and any drawings necessary to describe their invention.
When preparing a non-provisional patent application, an inventor should ensure they possess all of the required documentation and are conversant with intellectual property laws. A well-organized patent application will give readers an understanding of your invention clearly.
Inventors should list all materials they used to develop their invention, such as theses, manuscripts, “Supplementary Materials” sections of journal papers, computer code, laboratory notebooks, emails and invention disclosure forms.
Documents such as patent applications and provisional patent applications are essential in establishing an inventor’s priority date. Without them, applicants could lose out on the priority benefits associated with a provisional application.
A patent application should include comprehensive descriptions of each step in the invention process, as well as an overview of the invention. When necessary, additional illustrations can be included to further explain each component.
Additionally, a comprehensive written description should explain how the invention functions and differs from other known inventions. It should also include any steps not described in prior art documents, such as how it is manufactured or assembled.
In order for an invention to be patentable, it must be sufficiently detailed so that someone with ordinary skill in the relevant field can construct and utilize it. In certain cases, a consultation with an expert may be required in order to confirm that the idea is novel and non-obvious.
Due to the length and intricate nature of a patent application, it’s essential that the person filing it have extensive expertise in this area. A lawyer specializing in patent law can make the process smoother and faster by understanding all requirements for non-provisional patent applications and assuring all necessary documents are included.
What to Avoid in a Non-Provisional Patent Application
A non-provisional patent application is the document filed to request the United States Patent and Trademark Office (“USPTO”) to examine a utility patent and, hopefully, grant it. The USPTO reviews patent applications based on their filing date as well as the claims included within them.
Filing a non-provisional patent application typically involves using the same application form as a provisional patent application and paying similar fees. However, there are key distinctions in how patent protection works that should be taken into account before either one is submitted.
First and foremost, there are various rules and regulations that apply to non-provisional patent applications. These can be complex, so it’s best to consult a patent attorney who is familiar with these requirements for filing such an application.
Second, non-provisional patent applications tend to be much more formal and lengthy than provisional ones. They consist of various parts with intricate rules that can become frustrating if one is violated.
Third, non-provisional applications tend to be costlier than provisional ones due to an additional step in obtaining a patent. Non-provisional applications must be filed on paper and may include various fees such as filing, search, and examination charges.
Non-provisional applications often feature larger specification and drawing pages than provisional applications, which could result in an additional fee if filed on paper and exceeds USPTO’s maximum number of specifications, drawings, and excess claim pages allowed under 37 CFR SS 1.16(u).
Finally, non-provisional applications must be filed electronically through either the Patent Center system or EFS-Web. Alternatively, non-provisional applications may also be sent by mail and hand delivery.
When filing a non-provisional patent application by mail or hand delivery, an additional $400 fee called the “non-electronic filing fee” is due; this fee schedule applies when filing through electronic format as well.