Focus on Patents - Registered Patent Agent Rich Marsh - Springfield Missouri

Provisional Patent Application

Provisional Definition:


Since a complete description with sketches and the following forms are all that is required for a provisional filing, you may feel that your invention record is suitable for filing as your own provisional application.

If you would like an independent review, Focus On Patents, Inc., will be pleased to review your record and make suggestions at our hourly fee. Focus On Patents, Inc., should be able to complete any review and make necessary suggestions in a couple of hours and will issue a letter with those suggestions. There are some forms, PTO/SB/16 and PTO/SB/17, available at www.uspto.gov that you will need to identify the application as a provisional and establish you as an independent inventor allowing you to file.  It is also possible to file the provisional application electronically over the Internet.   Focus On Patents, Inc., will be pleased to provide the necessary information at our hourly fee.

If your provisional is submitted by U. S. Mail, Focus On Patents, Inc., also recommends that you send a "certificate of mailing" PTO/SB/92 as insurance that you did mail the provisional application. Keep the original of everything you prepare in a safe place and always use a copy for subsequent work. The provisional application allows inventors to finish development, test, test market and finalize all aspects of their invention while enjoying one year of "patent pending" status. Before the end of that year, the inventor must file a full utility patent or lose the priority date established. If you have already made your invention public, you must file the utility application before the end of one year after the first public disclosure, that is, the first offer for sale, or the first sale, or the first publication in media form, or the first showing at a trade show, flea market, etc.

Because the USPTO has instituted the "First to File" posture, Focus On Patents, Inc., is now recommending that all inventors file a provisional application as soon as possible after completing an enabling description.  An enabling description implies that a person familiar with the field of the invention would be able to make and use the product/process described in the provisional application.

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