For many, a provisional patent application (PPA) should be filed first as a PPA delays downstream patent examination costs and allows one to shift course and expedite patent examination later on, when needed, as explained in detail below.The decision to file either a provisional patent application or a nonprovisional patent application (NPA) is based on two different … [Read more...]
Provisional Patent Application
A provisional patent application is an enabling disclosure of the invention filed with the USPTO. It is never examined. It becomes abandoned 12 months after filing. It is merely a claim to a date of conception – that being the filing date of the provisional patent application.
A provisional patent application (PPA) is not a cheap option but it is a lower cost alternative to a non provisional patent application. The reason is that although the provisional patent application has lower minimum requirements than the nonprovisional patent application, the PPA has to disclose all of the details that the NPA must disclose. The provisional patent … [Read more...]
Non Publication RequestsA non publication request is a request by the patent applicant to not publish a non provisional patent application. By default, every non provisional patent application is published 18 months after the filing date of the patent application. The non publication request prevents the publication.Benefit of publicationThe benefit of publication … [Read more...]
Once a patent application is filed, it receives a priority date for all that it discloses and nothing more. The inventor can claim anything within the disclosure as being a part his or her invention. If the inventor wants to claim an invention that varies from the disclosure, then the claim language must be generalized so as to encompass the variation but cannot be … [Read more...]