General patent questions
A provisional application provides the means to establish an early effective filing date in a later filed non-provisional patent application. It also allows the term "Patent Pending" to be applied in connection with the description of the invention. Provisional patent applications are not examined and only reserve you a filing date, provided you file a follow up non-provisional application (within 12 months), and your subject matter in the non-provisional application is not new matter ( which means, you did not broaden the scope of the invention after filing the provisional application).
A non-provisional patent application is a formal application which is examined by the patent office. A non-provisional patent application must include a specification, including a description and a claim or claims; drawings, and an oath or declaration.
The answer to this question will depend on your over all strategy and business requirements. However, generally, a provisional application should be considered when funding is an issue (thus, a cheaper alternative than filing a formal non-provisional application is feasible) or when a prototype has not yet been developed.
A provisional patent application expires after 12 months of filing, so it should be followed up with a nonprovisional patent application prior to that date. If a nonprovisional application is not filed within 12 months of filing the provisional application, the provisional application expires and its benefit cannot be claimed.
No. Legally, provisional application is not a placeholder for a non-provisional application. The statute makes no such distinction. Since a provisional application's filing date can later be claimed as the effective filing date of a non-provisional applicaiton, it is important that every aspect of the invention throughly explained in the provisional application.
Get Me A Patent® related questions
Get Me A Patent! was created with the needs of an average inventor in mind. We ask you simple, easy to understand questions and generate your application in real-time. Once you review the application, you can submit it for filing or for an optional attorney review. Further, we understand you may want to take time to answer the questions to fully and accurately describe your invention. Therefore, the system automatically saves your information to our servers as soon as you're done typing. This means, you can log-in and log-out any time without having to provide all information together at once. Optionally, we also provide you tools that can make the patent application writing process efficient. For example, reference numbers if used in figures, can automatically be generated by the system, assisting you in explaining the figures in natural English. Also, the system automatically generates the application and augments your invention description, based on the answers you provide.
Yes. We use state of the art technology to secure your data. Special protocols have been implemented in software that can trigger if an unauthorized access is detected and block the offending party from accessing this system. That being said, you are responsible to safeguard your password.
You are advised to throughly review our terms & conditions of use. To summarize briefly, attorney review only includes a broad review of the patent application and general recommendations, for up to one hour of attorney time. We do not review your subject matter, and do not provide comments or suggest amendments on how to improve or present your invention since we are not aware of the subject matter of your invention.
Once you e-file the application with the USPTO, the patent office can take upto 3-4 weeks to mail you an official filing receipt via postal service.
From experience, we are of the opinion that any application that does not adhere to the recommended word requirement is not being explained enough to protect your innovative rights.
No, we cannot remove the minumum words requirement or make any specific exceptions for your invention. We apologize for any inconvenience caused as a result. If you cannot meet the requirement, we politely ask you to not use this system.
You are correct. The law does not compel figures to be provided with an application. However, this system is not created to provide you the bear minimum. From a practical standpoint, figures are important to generate a meaningful application. In fact, we encourage you to create as many figures as you reasonably can. We believe you will be doing yourself a huge favor in the long run.
Unfortunately, we cannot remove the figure requirement. We apologize for the inconvenience.
Although we cannot prevent you from circumventing the requirements, we request you to not misuse the system. For specific cases or circumstances, please discuss those questions with an attorney of your choice. We cannot bind ourselves into an attorney-client relationship simply because you used this free system. Thanks for understanding.