File Provisional Patent Application Form

Provisional Patent Application Form (#8)

An inventor is anyone who contributed to the novelty of the invention. A company may or may have already had the inventor(s) assign their ownership rights in the patent to the company or another individual, but the US Patent and Trademark Office (USPTO) also wants to record the actual persons who were inventors, even if they ultimately do not have an ownership interest in the granted patent.

Inventor Information

Information for Inventor #2

Primary Applicant Information

Applicant Information

Assignment

If this application is to be assigned (that is, the ownership transferred to a company or other third party), then we will require that have co-inventor sign execute an assignment conveying ownership rights in the patent application to the company or third party.  Note there is an additional charge to have the assignment recorded at the USPTO.

Please Tell Us About Your Invention

The secrecy of your invention and the details of your patent are important to us. While we prefer to communicate with you via email with password protected documents for convenience and efficiencies, we also understand that some clients prefer to communicate by other possibly more secure but more expensive means. If you let us know your preferred communications method, we will try to work with it.

*Service times are estimates to first draft for review. Fees to FRLS include up to three sheets of drawings; additional sheets are charged at $100 each.

PTO Filing Fee Worksheet:

Question list (please check yes or no for each question):

Price: $75.00

Please list any other relevant details regarding patenting of this invention. You have the obligation to the US Patent & Trademark Office to fully disclose any non-patented prior art. Also, if you sold or offered the invention for sale more than one year ago, your patent rights may be reduced. Please provide any information that may limit your patent rights or otherwise affect the strength of the application.

What happens next?

Once we receive this completed request form, and all related drawings, photos, and other requested information, we should have everything we need to get started on your application. If you still have questions, be sure to make an appointment with your assigned patent practitioner to discuss. Once we finish the patent search, if you ordered one, we’ll send you the patent search report with our opinion as to what it means for you and the patentability of your product. Then, provided we have all of the required details that we need to do the patent drawings and claims, we’ll prepare the drawings and claims over the next 2 to 3 weeks, and send you a draft for your review. Shortly after that we’ll send you the first draft of the patent application and drawings. Once you approve the complete application and sign the Power-of-Attorney and Declaration forms (to follow), we’ll be able to file your patent application, usually that same day at the PTO, and at that point you’ll be officially “Patent Pending.”

Once your application is filed, you will have one year to file your US Non-Provisional Application (and any foreign patents such as PCT applications or national filings). This one- year cannot be extended, so please ensure that you consider your subsequent filings within about 9 or 10 months of your provisional filing date. While we strive to remind clients of upcoming deadlines, we are not always able to reach you if you've moved, or if your email address changes, or our docketing system fails, etc. So ultimately the responsibility of meeting your filing deadlines remains with you.

Remember that nothing happens with a provisional patent application at the PTO. The application just sits there, waiting for you to file your non-provisional patent. If the one year anniversary passes without your filing the non-provisional application, your application will expire and it will be as though you never filed it. In such a case, your patent rights may be adversely affected.


Also, after your provisional patent application is filed, be sure to let us know if any of the following occurs:

  • You find a relevant prior art patent or product that might impact the patentability of your invention
  • You move or change phone numbers or email addresses
  • You publicly disclose the product, offer it for sale, launch a website that discloses the product, etc.

 

Additional Terms: This application is for a US Provisional Patent Application only. You will have 1 year to file a non-provisional utility patent application. The above fee does not include any work on a subsequent non-provisional application, responding to PTO office actions, issue fees, maintenance fees, etc. In order to qualify for patent protection in the U.S., your invention must be new, useful, and non-obvious in light of all other prior art inventions. If it would be obvious to “one skilled in the art” or field of your invention, you may not ultimately receive a patent. Please be sure you understand the level of novelty of your device before assuming that merely by applying for a patent you will receive one. Patent Searches, if done through us or elsewhere, are never 100% complete, so there is always some risk that a patent search will have missed a relevant reference. Each country has its own patent laws and filing requirements. You should make us aware of any potential public use or offer for sale of your invention beforehand so we can advise you as to the potential ramifications of public disclosure. There is no guarantee that paying us to submit a patent application on your behalf will result in a patent being granted. Refunds will not be granted for services already rendered. PTO fees can be raised without notice, so you agree that you will pay any additional amounts owed if the PTO raises filing fees before we have filed your application. Fees deemed earned when received.

 

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