You have to file a provisional patent application template before providing the legal right to exclude others from making, using, or selling something that you invented for a limited period of years in exchange for publishing. Generally, the term ‘patent’ is related to inventors and inventions.
Table of Contents
- 1 What is a provisional patent application template?
- 2 What to include in a provisional patent?
- 3 How to write a provisional patent application?
- 4 Conclusion:
What is a provisional patent application template?
A provisional patent application template is an official document filed in the United States Patent and Trademark Office (UPSTO). This document sets an early filing date and provides a patent with a pending status. You have to include an explanation or specification of the drawings of your invention. This is a requirement for the application.
Furthermore, filing a provisional patent example is less expensive than a non-provisional application as the former isn’t examined. Filing this application can be very useful in case you want to protect but you have to continue working on it. When your invention becomes tangible and concrete enough for you to describe, you should file this application as soon as possible.
You can continue adding improvements to the initial design as soon as you file this application. File a non-provisional patent application after filing this application, the former will then provide the priority date. You should use a provisional patent application template to file an application as it makes the patent process more economical. It needs a lower filing fee and sometimes takes fewer lawyer-hours and time to file.
In the US, when you realize that you have an invention that is patentable, then as soon as possible file an application. This application gives you with time to refine and complete your invention. While keeping the core of your invention protected, this provides you a priority filing date. You may also see membership application forms.
What to include in a provisional patent?
In the provisional patent application, you should include all of the essential details of your invention. You have to ensure that the document pays attention on what makes your invention innovative and unique. It is also important for you to present a well-written application. This is because the success of your non-provisional patent application depends on it.
In addition, bear in mind that any provisions that you later add to the non-provisional will get a later filing date. Therefore, it is essential to have your application thoroughly reviewed.
Here are the things that you must include in your document;
A description of your invention
You should demonstrate your invention in your own words in a way so that another person with knowledge in the same industry will understand. In your description, you should avoid using legal structures or terminologies. The key elements of your invention are accurately and clearly described. This explanation should include the following;
- What your invention achieves or does
- How your invention works to get its objective
- The steps or elements of your invention
- How these elements are arranged and how they work together
Visual representation of your invention
You must include a visual representation of your invention in your application. You can display this visual informally. For a full patent application, it doesn’t need to meet specific requirements. Computer illustrations, drawings, flow charts, diagrams, and photographs are the visuals that you can include.
How to write a provisional patent application?
Here are some pointers that will help you in making an effective provisional patent application;
Speak about the problem your invention solves
All ideas generally come from issue or problem that you’re trying to solve. The explanation of problem your application is not yet that critical in getting your patent. But, it is a better idea to thresh out your descriptions to the solution.
Determine which features make your invention unique
Many people may think that existing products in the market are inadequately communicating a problem. Your invention should have some unique features that will make up for these inadequacies. The new and innovative features of your invention are two factors on which the main content of your document should concentrate.
Be both narrow and broad while describing each of the new features
On each of the significant features of your invention, your provisional should give both depth and breadth. For example, you have invented a consumer product with new features. You should pay attention on a detailed discussion of each of these following features;
- Their dimensions
- Their relationships to other parts
- What they can and cannot do
- What they omit or include
Here, you don’t have to worry regarding your descriptions. Keep in mind that your claim will ultimately define the scope of your patent rights not these descriptions. You can also state that the new features of your invention aren’t limited to certain embodiments or examples. In function and structure, discuss their variations that could accomplish identical results too.
Ask tough questions to yourself
For the Patent Office, it has become very common to deny utility patent applications because of the grounds on obviousness. This indicates that it can have been too obvious to a person of average skill that they can take a product. After that, combine, delete, add, or modify it to arrive at a claimed invention. It is important to specify the reasons that why it would not be too obvious to make such an invention.
Plan for your non-provisional application
After filing your provisional application, keep in mind that you get a year to file your non-provisional patent application. You can also hire a patent lawyer. They help you calendar this date in their docketing system. Also, they provide you regular email reminders well in advance of your deadline. It is also suggested to provide your patent lawyers enough lead time. You should give at least three months from the first year anniversary of your provisional filing date. You should also check volunteer application templates.
In conclusion, a provisional patent application template is a helpful tool that helps you in protecting your invention after everything you have invested in creating it. You just have to file this application to protect your creation from getting copied.