A provisional patent application is a type of patent application that allows inventors to establish a filing date for their invention while they work on developing and refining their idea. It is not a full patent application, but rather a placeholder that can be used to secure the inventor’s priority over the invention. In this article, we will discuss the requirements for filing a provisional patent application.
What is a provisional patent application?
A provisional patent application is a type of patent application that is filed with the United States Patent and Trademark Office (USPTO). It provides the inventor with a priority date for their invention, which can be used to establish their ownership over the invention. A provisional patent application is not examined by the USPTO, and it does not result in the issuance of a patent. Rather, it serves as a placeholder that can be used to secure the inventor’s priority over the invention while they work on developing and refining the idea.
Requirements for filing a provisional patent application
- Description of the Invention: The provisional patent application must include a written description of the invention that is sufficient to enable someone skilled in the field of the invention to understand how to make and use the invention. The description must be clear and complete, and it should include drawings or diagrams if necessary to help illustrate the invention.
- Filing Fee: A filing fee must be paid to the USPTO when filing a provisional patent application. The fee varies depending on the type of applicant and the size of the entity.
- Title of the Invention: The provisional patent application must include a title that describes the invention. The title should be brief and descriptive, and it should accurately reflect the scope of the invention.
- Priority Claim: The provisional patent application must include a statement claiming priority to a previously filed application. This could be a previously filed provisional patent application, a non-provisional patent application, or a foreign application. If the provisional application does not claim priority to a previously filed application, it will not establish a priority date.
- Inventor Information: The provisional patent application must include the names and addresses of all inventors. If the invention was made jointly by more than one inventor, each inventor must be named in the application.
- Disclosure of Invention: The provisional patent application must include a written disclosure of the invention that is sufficient to support the claims that will be included in a later non-provisional patent application. The disclosure must include a clear and complete description of the invention, including any relevant data or experimental results.
- Non-Provisional Patent Application: A provisional patent application must be followed by a non-provisional patent application within 12 months of the provisional application’s filing date. The non-provisional application should include a complete set of claims that are supported by the written description included in the provisional application.
Conclusion:
A provisional patent application is an important tool that can help inventors secure their priority over an invention while they work on developing and refining the idea. To file a provisional patent application, the inventor must provide a clear and complete written description of the invention, pay a filing fee, include a title that accurately reflects the scope of the invention, claim priority to a previously filed application, provide inventor information, disclose the invention, and file a non-provisional patent application within 12 months of the provisional application’s filing date. By meeting these requirements, inventors can establish their priority over an invention and take the first step towards obtaining a full patent.