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Home About Us Patent Patent Search Trademark Get Funding News/Blog Info/Links Site Map  
Through our DC office: we offer patent research at USPTO EAST- the same system/methods used by Patent Examiners.
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Application For A Patent

Provisional Application for a Patent Non-Provisional Application for a Utility Patent A non-provisional application for a patent is made to the Assistant Commissioner for Patents and includes:

(1) A written document which comprises a specification (description and claims), and an oath or declaration;

(2) A drawing in those cases in which a drawing is necessary; and

(3) The filing fee. Payment of small entity fees must be supported by a small entity statement. See Forms PTO/SB/09-12. See the fee schedule. Fees change each October.

All application papers must be in the English language or a translation into the English language will be required along with the required fee set forth in 37 CFR 1.17(k). All application papers must be legibly written on only one side either by a typewriter or mechanical printer in permanent dark ink or its equivalent in portrait orientation on flexible, strong, smooth, non-shiny, durable and white paper.

The papers must be presented in a form having sufficient clarity and contrast between the paper and the writing to permit electronic reproduction. The application papers must all be the same size -- —either 21.0 cm by 29.7 cm (DIN size A4) or 21.6 cm by 27.9 cm (8 1/2 by 11 inches), with a top margins of at least 2.0 cm (3/4 inch), a left side margin of at least 2.5 cm (1 inch), a right side margin of at least 2.0 cm (3/4 inch) and a bottom margin of at least 2.0 cm (3/4 inch) with no holes made in the submitted papers. It is also required that the spacing on all papers be 1 1/2 or double spaced and the application papers must be numbered consecutively (centrally located above or below the text) starting with page one.

The application for patent is not forwarded for examination until all required parts, complying with the rules related thereto, are received. If any application is filed without all the required parts for obtaining a filing date (incomplete or defective), the applicant will be notified of the deficiencies and given a time period to complete the application filing (a surcharge may be required)—at which time a filing date as of the date of such a completed submission will be obtained by the applicant. If the omission is not corrected within a set, specified time period, the application will be returned or otherwise disposed of; the filing fee if submitted will be refunded less a handling fee as set forth in the fee schedule.

It is desirable that all parts of the complete application be deposited in the U.S. Patent Office together; otherwise each part must be signed and a letter must accompany each part, accurately and clearly connecting it with the other parts of the application.

All applications received in the PTO are numbered in serial order and the applicant will be informed of the application serial number and filing date by a filing receipt.

The filing date of an application for patent is the date on which a specification (including at least one claim) and any drawings necessary to understand the subject matter sought to be patented are received in the PTO; or the date on which the last part completing the application is received in the case of a previously incomplete or defective application.

Provisional Application for a Patent

Since June 8, 1995, the PTO has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants. Claims and oath or declaration are NOT required for a provisional application. Provisional application provides the means to establish an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention. Provisional applications may not be filed for design inventions.

The filing date of a provisional application is the date on which a written description of the invention, drawings if necessary, and the name of the inventor(s) are received in the PTO. To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent. Applicant would then have up to twelve months to file a non-provisional application for patent as described above. The claimed subject matter in the later filed non-provisional application is entitled to the benefit of the filing date of the provisional application if it has support in the provisional application.

Provisional applications are not examined on their merits. A provisional application will become abandoned by the operation of law twelve months from its filing date. The twelve month pendency for a provisional application is not counted toward the 20 year term of a patent granted on a subsequently filed non-provisional application which relies on the filing date of the provisional application.

A surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application.



 

Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.

          Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.         

 

Also called a non-provisional, regular, or ‘full’ patent. Best quality, 20 year protection for useful structures, functions, compositions, & and methods.

Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

 

 

 

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

 

 

When cost and speed is top priority. Our Low-cost service, assures a legally valid filing for effective, fast provisional "Patent Pending" status- giving you up to 1 year to file a corresponding Utility Patent Application.

 

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

 

Smart 1st step before investing much time and money, we research and opine on your idea’s likely patentability, to also help you better distinguish your innovation from prior solutions found.

 

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

Learn more about Design patent protection of your product’s form and artistic appearance.

 

Learn more about Design patent protection of your product’s form and artistic appearance.

 

Protects a product’s form and artistic appearance from being copied. Can complement the Utility patent protection when both form and function are unique. Great for product designers.

 

Learn more about Design patent protection of your product’s form and artistic appearance.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

We have extensive experience and capabilities in all aspects of International PCT process and foreign national stage filings.  We have one of the most extensive foreign associate networks, covering all 170+ member countries of WIPO, and we guarantee to meet deadlines and be the most competitive on pricing for quality results.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

 

 

 

 

 

 

Schedule a Consultation

 

Need help learning about and determining your company's IP options?  You may want to schedule a consultation with a Bay Area IP Professional to most efficiently and effectively assist you in making your next step, the right one.
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Legal Notice: None of the information provided in this website should be construed as or used as legal advice. The information provided here is for educational purposes only, in order to help inventors learn background information before consulting a practitioner. Since the best course of action in any specific matter will depend on the specific facts of the matter, NOTHING on this site can provide a substitute for the advice of competent legal counsel. Consult with a professional for specific advice regarding your particular situation.

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