How to Prepare a Provisional Patent Claims Example

If you have a fresh invention, consider filing for a patent. A provisional patent application can be an invaluable starting point and cost-effectively costs only $75 to file.

However, having a professional prepare your patent application is recommended in order to avoid potential mistakes and guarantee that your invention meets all necessary requirements. As such, you can use the provisional patent claims example provided below as a template or guide in capturing all pertinent details correctly.

The Abstract

The abstract is a succinct summary of your invention, usually 150 words or less. This summary provides people searching for patents in your industry with an insight into what the invention is about and helps them decide whether they want to read the full application. Furthermore, it’s required for most US and foreign patent applications.

The patent abstract is written on a separate sheet that follows the claims section in your patent application. It should be written using narrative language so that even someone without technical expertise can read it easily. Furthermore, it should exclude legal jargon and be concise yet understandable to allow people to quickly grasp both the invention’s subject matter as well as its basic technical details.

Your patent abstract is one of the most essential components to get approved by the USPTO and should be written with precision and care. Without good abstract writing, your application could be rejected and without a filing date granted.

Writing an effective abstract begins with creating a title for your invention. This should be approximately 15 words long and avoid using people’s names or trademarked terms like “Ryan Reynolds” or “Google.”

Next, draft an abstract outlining your invention and why it stands out from others. In other words, describe what makes your device unique from others.

Finally, describe how your invention fits within the field of inventions related to your field of expertise. For instance, if the invention is a new hammer with an improved claw that easily extracts nails from boards, you might say something like this: “The hammer consists of a blade with a raised edge which provides gripping surface for nails and an extended handle which extends beyond the edge of the board for user-friendly grip”.

Additionally, you should include a brief description of the drawings used in your invention. These should be organized clearly and succinctly with references cited to each drawing. Doing this will help people comprehend what the patent covers and make it simpler for the USPTO to review the application.

The Background

Provisional patent applications are a cost-effective and low-risk way to establish priority date for your invention. They do not require formal patent claims, inventors’ oaths or declarations, or information disclosure statements (IDSs), making them ideal for small entities as well as those looking to protect technology with unknown market potential.

Though filing a provisional application with the USPTO is significantly cheaper than non-provisional patent application, there are some limitations to this type of filing. For instance, including too many claims in your provisional application may not meet certain legal requirements.

Furthermore, a provisional patent application should provide an exact and thorough representation of the invention. This means it should contain a comprehensive description, outlining why and how it functions; additionally, drawings should be included for visual aids.

Many provisional applications fail to meet these standards. They are hastily written, lack a comprehensive set of claims, and cannot adequately support the assertions in a later-filed utility application.

Provisional patent applications often fail to grant patent rights, costing the applicant both time and money if they had taken the time to properly draft a non-provisional patent application instead.

Another common error made with provisional applications is not fully disclosing the invention to a person of ordinary skill in the field. This can lead to loss of patent rights outside of the U.S. and Canada, which have one-year grace periods for disclosures.

It is wise to include the names and addresses of the inventors in a provisional application. Under United States law, patent rights are awarded to those who “contribute to the conception” of an invention. Thus, inventors should be able to demonstrate their involvement throughout its creation and development.

The Specifications

When filing an invention patent application, it’s essential to comprehend the specifications needed. These are what the patent office will review before granting you protection; they include your invention’s title, description and claims.

Before filing a patent application, gather all relevant information that will allow you to fully describe your invention in detail. This may include technical documents like theses, manuscripts, journal papers and invention disclosure forms as well as laboratory notebooks, computer code and emails.

Once you have all this information, it is time to begin crafting your patent application. Although this can be a stressful and time-consuming task, completing it correctly could determine the outcome of your application.

It is essential that you include all necessary drawings with your invention for accurate description. Drawings help explain your invention to others and show what the final product looks like in different embodiments.

These drawings should include reference numerals for any mechanical devices used in your invention, along with flowcharts, diagrams or photographs. Furthermore, any relevant mathematical and chemical formulae required to understand your invention should also be included.

Finally, the specifications should include an abstract that provides technical data about your invention. This abstract should not exceed 150 words in length and be used solely as technical data. This is essential as it can be a helpful tool when reviewing other patents related to your field of technology.

Accurately filling out these items is the key to obtaining an early filing date for your invention. This is especially critical when filing in the U.S., since US patent law requires that a provisional application include comprehensive answers to certain legal requirements in order to grant priority date status to the invention.

The Claims

With a provisional patent, claims are the specific things your invention protects. They can range from an individual component used in production, all the way up to an entire system.

Crafting the appropriate claims for your invention can be a challenging task. To simplify this process, research similar patent applications in your field to gain inspiration.

You may also look into websites offering templates for drafting provisional patent applications. These forms typically ask questions designed to elicit relevant details.

If you are uncertain of the contents of your provisional patent, consulting with an experienced patent attorney is recommended. They can assist in crafting the correct claims for your invention and providing insight into what other inventors have done before you.

Once you have a clear vision for your patent application, it’s time to start crafting it. You will need to craft out an effective description, flowcharts and drawings.

Your description should provide at least a paragraph or two of background information, as well as a concise summary of your invention’s main features. Be sure to write it in plain language so it is easy for everyone to comprehend.

Additionally, include a list of references that support your invention. This should include details about when they were discovered and how they were utilized.

A comprehensive description can be invaluable in proving the uniqueness and worth of an invention to its owner. Additionally, you’ll be able to detect any prior art citations made by others that could potentially invalidate your patent application.

It is always wise to draft your claims carefully before filing a provisional application. Doing this will guarantee that your invention has been adequately supported and protected. While this won’t guarantee that your patent will be granted, it can help minimize the chance of an expensive and lengthy examination process.