USA moves the first to file patent system on March 16, 2013 after the enactment of the America Invents Act so file your patents NOW! You have to file your patent claim to get advantage of your patent.
A provisional patent is a simple inexpensive document to preserve your rights to an invention while giving you time to decide whether you want to file a full patent. Every inventor will try to publish a provisional patent application that allows them to lay claim to their invention in advance of the full patent application. A provisional patent does not get you a patent. The patent needs approval by USPTO when you file a regular patent application. USA will start using the first to file system on March 2013 that means the patent is granted to the person who has filed first patent application, rather than the previously used first-to-invent system. In addition, it is important to file the patents as quickly as possible to take advantage of the novelty of the invention. Obviously, filing for relatively quickly the first year, also extends the patent by 1 year of the 20 year patent life. Provisional applications are relatively simple to file, cost about $125 and have only have to describe how to make and use the invention:
This consists of 3 parts:
- Coversheet: A letter sent to describe the invention.
- The specification
- Title of the invention –
- one sentence statement of what the invention is…
- Full name and city/state of the inventor(s)
- Statement regarding federally sponsored research
- Background of the invention
- Brief summary of the invention –
- Provide at least 2 objects or objectives of the invention. Each one should be only one sentence
- Brief description of the drawings
- Describe the drawing or flowchart
- Detailed description of the invention
- Do describe the invention
- Do NOT describe the prior art in the description
- Provide lot of detail to enable it as your invention
- Remember to describe the preferred embodiment
- Each element here needs an element number that is also linked to element in drawings
- Focus on the invention and provide technical details but do not describe features that will not be claimed.
- A clam or claims (optional for provisional patents but some patent lawyers like to have them)
- Abstract of the disclosure
III. Figures
The detailed description of the patent has to include two critical areas:
- Enablement requirement: This means that the patent must describe the patent in enough detail such that someone else “skilled in the art” or science (in the same area as the patent) can make and use the invention without “undue experimentation”.
- Best mode requirement (unique to USA): The patent application must describe at least one embodiment – use – of the invention. This must include all the knowledge required for practicing the invention. The intention is full disclosure such that the inventor does not give partial invention details and hide the “best mode” for himself.
A provisional patent application is relatively simple document that is never disclosed to the public unless the full patent has been filed. It becomes public once the patent application or claims of the benefits become public.
The big advantage is that it does enable you the right to claim “patent pending” on the invention.
Please note to obtain a regular patent it has a greater burden of proof and must
- Show how to make and use the invention
- Show unique-ness of the invention from prior art
- Describe aspects of invention that deserves the patent (the claims)