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Basics of Filing a Provisional Application - YouTube
Channel: USPTOvideo
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[Music]
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Hello
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Welcome to the USPTO's Quick Clinic
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Series.
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In this video we will provide
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information related
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to applying for a Provisional Patent
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Application (PPA). In this video,
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initially we are going to provide (i) an
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overview of various
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types of patents an individual can
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obtain in the united states
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then (ii) we will provide an overview of the
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basics
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of a provisional patent application and
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finally, (iii)
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we will provide the specific filing
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requirements
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of a provisional patent application. If
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after you have viewed this video
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and you have further questions please
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contact the Pro se
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Assistance center at 1-866-767-3848
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or via email at innovationdevelopment at
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uspto.gov. We also encourage you to visit
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our website
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as listed below, the website provides
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more detailed information
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related to filing a provisional patent
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application
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including knowledge packs, the
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provisional application toolkit
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and further quick clinic videos.
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So let's begin with an overview of
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various types of patents
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an individual can obtain in the United
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States.
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In the United States an individual can
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obtain three (3) types of patents:
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(i) a utility patent (ii) a design pattern
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and (iii) a plant pattern regarding a utility
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patent.
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By far the most common applications
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filed in the USPTO
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are utility patent applications, thus
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most patents issued in the united states
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are also utility patents.
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A utility patent may be obtained by
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anyone who invents
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or discovers a new and useful
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(i) composition of matter,
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(ii) a device, an apparatus or a manufactured
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article
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or (iii) a process method or steps of making a
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device
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or chemicals. Examples of composition of
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matter
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include pharmaceutical drugs or chemicals
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such as shampoo
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soaps, creams etc. Examples for a device
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include
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a bicycle, tire, an integrated circuit, a
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cell phone,
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a vehicle etc. Examples of a process or
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methods include
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the methods or steps of making the
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manufactured articles,
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devices or composition of matter.
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Regarding a Design Patent, a design
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patent may be obtained
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by anyone who invents a new or original
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ornamental design for a device or
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a manufactured article. The design
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usually consists of
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visual ornamental characteristics
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embodied
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in the device or apparatus or article. In
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other words
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the legal coverage for design patents
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includes the look
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and feel of the device and not the
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device itself.
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Finally regarding a Plant Patent, a
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plant patent
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may be obtained by anyone who invents or
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discovers
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and asexually reproduces a distinct
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and new variety of a plant.
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Now let's focus our attention
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specifically towards the Basics of a
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provisional patent application (PPA).
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It is important to note that a
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provisional application
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can only be filed for Utility and Plant
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inventions;
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a provisional patent application cannot
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be filed for Design
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inventions. A provisional application
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is also not examined by an examiner at
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the uspto.
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The provisional application is not
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published to the public.
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A provisional patent application does
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not issue as a patent.
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This bears repeating a provisional
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patent application
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does not issue as a patent. Only
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a subsequently later filed
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non-provisional application
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claiming the benefit of a provisional
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application
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may issue as a patent. A provisional
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application
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is abandoned automatically at 12 months.
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However this 12-month period does
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provide
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a window for the applicant to file a
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non-provisional application,
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and still benefit from the earlier
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filing date
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of the provisional application.
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A provisional application does provide a
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low-cost way
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with minimal formal requirements to file
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an application
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at the uspto to establish an early
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effective filing
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date known as the priority date. Aside
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from getting an earlier effective filing
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date
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and getting a 12-month window to file a
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non-provisional application as mentioned
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earlier
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the filing of a provisional application
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may provide an additional 12 months of
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protection
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for the invention since the patent term
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is currently 20 years
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from the filing of the non-provisional
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application.
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Also filing a provisional application
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allows the inventors
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to use the term "Patent Pending" for their
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inventions.
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Now we will discuss the filing
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requirements of
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a Provisional Patent Application (PPA). Most
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if not all requirements mentioned here
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in this slide
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can be completed by filling out the
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provisional application Cover Sheet
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also referred to as pto form sb16.
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This form can be downloaded from the
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USPTO's website
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as provided in the link below. Additional
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requirements
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for the provisional patent application
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include writing the details of the
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invention
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also referred to as drafting the
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specification
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or the disclosure. This is probably one
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of the most important aspects
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of writing your application. This process
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allows the inventor
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to take his new idea and convert it to
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an
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invention. More details for each of these
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requirements is provided in subsequent
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slides.
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Also note there is a nominal fee
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associated with the filing of a
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provisional patent
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application. The following is the
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guidance for drafting the specification
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or disclosure.
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It should be noted that this is only a
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guidance, the inventor is provided
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with wide latitude in drafting their
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specifications or disclosures.
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Let's begin -- the title of the invention
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should be a brief
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but technically accurate and descriptive
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statement of the invention.
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The background should be a short
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paragraph or paragraphs
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describing the field of the invention
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including the issues
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with the existing field and the
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improvement or the problem that the
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inventor is trying to solve
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or improve. The summary of the invention
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should set out the exact nature
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operation and purpose of the invention.
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The summary should be directed to the
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specific invention
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being claimed. The subject matter of the
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invention
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should be described in one or more clear
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concise sentences or paragraphs. The
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summary of the invention
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should be specific and avoid
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generalities.
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The drawings should be
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included in the application
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so as to better describe and show the
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invention.
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The drawings may be drafted using a cad
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tools
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or hand drawings are also acceptable as
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long as they are legible and
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understandable.
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The detailed description must be written
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in such particularity
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so as to enable any person skilled in
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the pertinent art
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or science to make and use the invention
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without extensive experimentation. The
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subject matter
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of the invention should be described in
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one or more
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clear concise sentences or paragraphs
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and should refer to the elements or
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components
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provided in the drawings. The inventor is
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provided wide latitude in drafting their
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detailed description
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however the inventor is encouraged to
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provide details
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and the various embodiments of the
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invention. The disclosure
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of the later filed non-provisional
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application must have support
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for the subject matter in the
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provisional application.
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It is also noted that the provisional
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application is not published and the
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disclosure remains
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confidential from the public. Finally the
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fees for filing the provisional patent
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application
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vary with the entity status of the
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applicant.
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An applicant may be considered a large
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entity
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or a small entity or a micro entity.
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The following is the fees provided for
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small
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and micro entity applicants. The
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requirements
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for the micro entity are also provided
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below.
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It is also noted that applicants
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claiming
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micro entity status must fill out
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the certification of micro entity status
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form
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also referred to as pto form sb15.
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This form can be downloaded from the
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uspto website
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as per the link provided. Furthermore
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guidance for filling out the form can be
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found by watching
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the following quick clinic video see the
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link provided below.
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If you have any further questions please
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contact
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the Pro se Assistance Center at
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1-866-767-3848
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or via email at innovationdevelopment@
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uspto.gov. We also
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encourage you to visit our website as
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listed below the website provides
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more detailed information related to
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filing a provisional patent
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application including knowledge packs, the
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Provisional
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Application toolkit and the Quick Clinic
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videos.
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Thank You for watching this video in the
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USPTO's Quick Clinic Series.
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Now you should have a much better
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understanding regarding
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how to file a Provisional Patent
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Application (PPA). Thank You and have a great
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day
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