When a person decides to pursue a patent for a particular invention, there are two different ways of doing so. The first option is a provisional patent application, and the second option is a non-provisional patent application. Both are useful in their own way, but when a person decides to file a non-provisional patent application, there are more benefits than just securing a patent.
Basics of filing a non-provisional patent application
If you have an idea and want to protect it with a patent, you must know how to file a non-provisional application. However, this process is much different from filing a provisional application. There are several documents and writings you must include when filing a non-provisional application. In addition, you will have to pay a fee.
To file a non-provisional patent application, you must first decide whether the invention qualifies for protection. Once you decide, you can start preparing the application. The first step is to write a description of your invention. You must ensure that the description is sufficiently detailed. Your description must contain information about how the invention works and how it improves upon prior art.
When you write a patent application, you will need to include a title, background, abstract, claims and drawings. All of these must meet certain formatting requirements. For example, your title should be capitalized, lines should be double-spaced, and paragraphs should be numbered. Additionally, your abstract must be a brief paragraph of 150 words. Finally, you must add a transmittal letter, which tells the United States Patent Office (USPTO) what type of application you are filing.
Your non-provisional application will enter the USPTO’s queue as soon as you submit it. The Patent Examiner will contact you during the patent examination process. He will then negotiate with you and your attorney to obtain a patent for your invention. After the USPTO determines that your patent qualifies, the Patent Examiner will issue your application as a patent.
Once your application has been approved, the United States Patent Office will place it in the priority date queue. This will prevent you from being examined until one year from the date of your non-provisional patent application’s filing. By having your invention protected for an entire year, you will have more time to consider your invention’s potential.
Your non-provisional application also must include an oath or declaration from you, stating that you invented the invention. Your declaration should be included on a separate sheet of paper. It is important that the oath or declaration includes your full name and address. A mailing address can be mailed in physical form or electronically.
An oath or declaration can be a very beneficial part of your non-provisional patent application. Having a clear statement will make it easier for the Patent Examiner to determine if your invention is protected. Moreover, an oath or declaration will also give you a priority date.
Upon submitting your non-provisional application, you will be sent a Transmittal Letter. This document will tell you exactly what papers you need to provide the United States Patent Office. Depending on the type of application you are filing, you may need to include a copy of your declaration, a fee for filing the application, and fees for searching and examination.
The process of converting a provisional patent into a non-provisional patent
Inventors can file a provisional patent application, but how does it convert to a full-fledged patent? This is a question that seasoned patent attorneys receive on a regular basis. The USPTO offers two options for conversion.
The first option, referred to as the “first filing date” is critical. It allows you to secure your place in the patenting queue, and it gives you a year to develop and test your invention. Moreover, it can help you determine the commercial viability of your innovation.
If you want to take advantage of this opportunity, you should be aware of the most important things to know about converting a provisional patent application. While this may seem like a daunting task, there are ways to make it easier. For starters, you should be prepared to dedicate a significant amount of time to preparing and filing your non-provisional application. Depending on the complexity of your invention, you might need to hire a draftsman or a lawyer to prepare the formal drawings. In addition, you might need to pay a patent examination fee, and the USPTO will charge a basic filing fee for a patent search.
You will also need to carefully consider the consequences of a non-provisional patent application. For instance, you will have to decide whether to add new subject matter to your application. You will also need to determine whether adding a design to your non-provisional will result in losing the benefit of the provisional filing date. As a general rule, however, it is usually not advisable to add new subject matter to your non-provisional.
However, the non-provisional has a short lifespan. Typically, you have one year from the filing date of your provisional to file for a non-provisional patent. After this period, your provisional will expire. So, if you have a very detailed patent application, you might want to convert your patent application before it expires. Otherwise, you will lose the opportunity to test your invention.
The other option, referred to as the “second filing date” is less common. During this time, the USPTO will not examine your provisional application. On the other hand, it will accept your non-provisional application. Your patent will then have a 20-year term. With this option, you get the benefit of the novelty of claiming the earlier filing date of your provisional application, while at the same time, avoiding public disclosure.
Lastly, you should consider the time it takes to go through the conversion process. Depending on your situation, you might have to wait up to two years to have your application reviewed. If you are an investor, this might be a good deal. A longer wait time will increase your chances of getting a same-subject matter patent. Also, you will have to file another provisional, if you decide to make further developments in your invention.
The benefits of filing a non-provisional patent application
Inventors who are ready to start securing their rights have a couple of choices when it comes to patent applications. They can file a provisional application or a regular non-provisional application. Regardless of the type of application filed, the patent process involves various costs. For example, drafting the application, filing fees, and examination expenses. These costs can run up to thousands of dollars.
One benefit of a provisional application is the ability to secure an earlier filing date. This may be useful if you have a new invention, or if you need more time to test your idea before you file a full patent application. However, the same principle does not hold true when it comes to a non-provisional application. A non-provisional application is usually reviewed in order of receipt, and new matter cannot be added to the application after it has been submitted.
A non-provisional application is a lengthy document, with many parts. This is why it can take a long time to complete. It can also mean the loss of an idea if you fail to convert it to a full application. Non-provisional applications can be issued, but only if the patentability requirements are met. The USPTO receives more than 500,000 patent applications each year. As a result, the patent review process can take up to 16 months to two years. If you have a viable idea and are considering a patent application, you should consider filing a non-provisional application.
The benefit of filing a provisional application is that it gives you the chance to test your idea without having to spend a fortune. You can also have the added advantage of knowing when you will get a patent. When you file a provisional application, you will have one year to try out your invention before you have to convert it to a full non-provisional application. During this period, you can take your idea to a new level of development. Additionally, you can begin to learn more about how to patent your idea.
Some of the other benefits of a provisional application include a lower cost, less paperwork, and greater flexibility. These options make it easier to move forward with your patent application. Despite its simplicity, however, a provisional application must be well written. Without adequate information, your idea could get patented by another person. And if you choose to file a full non-provisional application after a provisional, you can lose the opportunity to claim priority of the earlier-filed patent.
Another benefit is the fact that you can file multiple provisional applications for the same invention. In addition to gaining a competitive edge early in the process, you can use multiple provisional applications to improve on your current idea. Adding new improvements to an existing idea can help you gain more market share and increase your revenue.
