What You Need to Know About Provisional Patent Information
What You Need to Know About Provisional Patent Information
A patent grants its owner exclusive legal rights to an invention for a specified period.
If you have an idea for a new invention but lack the funds to file a utility application, a provisional patent may be the ideal solution.
Provisional applications offer the advantage of an earlier filing date and are more cost-effective than utility patents. However, they will only become valid patents if you file a non-provisional application within one year after your provisional filing date.
The most rewarding aspect of the patent process is that you remain in control. Rather than spending hours answering queries from a patent agent, you can relax and take pleasure in watching it all unfold. In due time, you will be rewarded with some of the finest inventions and patents that will be yours to keep and cherish for life. Choosing which patent to keep is half the fun – having your name printed on a patent is just the icing on top! Your next step should be selecting a legal entity which will act as your guardian angel during the duration of your patent.
A written description of provisional patent information is the initial document a patent applicant must file in order to be granted protection. It should provide an exhaustive, thorough, and precise account of the invention that will be protected; additionally, it must provide enough details so that someone with ordinary skill in the art could easily make and utilize it.
Often, this is accomplished through drawings and diagrams to demonstrate the invention in more detail. These visual aids can showcase different components of the invention and how they work together to make it function optimally.
However, this is not the only way to satisfy this requirement – you can also satisfy it by including sufficient information in the patent text that permits someone with ordinary skill in the art to make and use your invention. In some instances, an inventor may need to submit a recipe or instruction manual in order to fulfill this criterion.
Functional language, such as “an encoding molecule that contains a sequence of proteins,” can also be employed in patent applications if the written description accurately explains the structure and composition of this encoding molecule and its proteins.
A patent application does not need to describe every molecule in the patent, but must indicate that all molecules were present when it was filed and in the inventor’s possession at that time.
This is especially critical in biotechnology inventions where there can be numerous species and combinations of molecules working together in various ways to reach the desired outcome. In this case, however, the court determined Juno had not met the written description requirement due to failing to describe the structural features of compounds included within its claims genus.
The written description requirement is an essential step in the patent process and should never be overlooked, underestimated, or minimized for fear of losing your patent in the future. To ensure full protection of your invention and demonstrate ownership at the time of filing the application, ensure you fully describe your invention and demonstrate all relevant details so as to ward off future infringement claims.
Drawings or Diagrams
A patent application would not be complete without the inclusion of several high-quality drawings to visually depict the invention and enhance its clarity. Drawings also benefit reviewers, who can better comprehend its scope and thus strengthen its validity.
The USPTO has strict rules that must be adhered to when creating and submitting patent drawings. These regulations help guarantee that all applications contain well-crafted illustrations which are easy to read and comprehend for anyone with access to them.
When filing a patent application, two types of drawings are accepted: utility patent drawings and design patent drawings. Depending on the invention’s subject matter and purpose, either type may be employed.
A utility patent covers the creation and invention of a physical product or machine. It emphasizes the functional aspects of an invention, with features necessary for practical application.
Utility drawings, commonly referred to as “drawings in plan,” must be drawn using a horizontal format that represents an accurate representation of the object being patented. There are various ways to draw a plan, but most CAD programs provide templates that can help create accurate and detailed drawings.
These drawings must be drawn on paper that has a standard size and can be scaled down to fit the invention. It should also be flexible, strong, white, smooth and non-glossy in appearance; plus it must be durable over time.
Typically, patent drawings should be 8.5 inches by 11 inches (DIN size A4) in size. However, the drawing does not need to be an exact replica of a real-life prototype or model; rather, it can serve as inspiration.
Patents do not necessitate having a prototype to file for one; rather, an improvement over existing products is all that’s necessary.
Engineering drawings are intricate diagrams that clearly display the precise dimensions of a product or item. Generally, these are drawn using standard language and symbols so it’s easier for people to comprehend them.
In a patent application, the priority date determines which inventor should receive a patent if another party submits an identical invention. This is crucial because the earlier inventor gains priority at the patent office and retains ownership of their rights to the patent.
Priority dates for patent applications related to an invention are determined. This could be one application or a group of related applications, including provisional and nonprovisional patent applications as well as international (PCT) and foreign-filed applications.
Generally, priority document(s) must clearly disclose the invention claimed. These can include published works such as patent publications, journal articles or other written publications; unpublished patent applications may also be included – even those with claims specific to an aspect of the invention.
As a general rule, the priority document must be filed at least 12 months prior to the filing date of an examination application. However, special priority considerations may apply in certain situations.
For instance, when a micro-organism is included in an invention, the Regulations recognize that deposits under the Budapest Treaty should be taken into account when determining priority date. Therefore, in such cases, the complete specification of the priority application must meet enablement requirements set out in Sec 6(c) and Reg 3.12.
It is essential to remember that a deposit made under the Budapest Treaty can only be used to determine the priority date of an invention involving microorganisms if it has been practically disclosed in said deposit. Therefore, filing a complete specification with all supporting details as soon as possible is recommended.
US provisional and nonprovisional patent applications determine priority date by providing a comprehensive response to each of the following legal requirements:
1. The written description must be concise and understandable by someone with expertise in the relevant art, without requiring extensive research.
2. Enablement is demonstrated when an applicant submits a patent application outlining how to make and utilize their invention, along with supporting drawings or diagrams.