Patent Drafting Guideline
- A provisional patent application is easier to file than a full patent. It is a quicker way to get protection for your invention and allows you to use "patent pending" when describing your product. A provisional patent is good for only 12 months from the date of filing. It does not undergo United States Patent and Trademark Office, or USPTO, review. If it is not followed by a nonprovisional patent, all protection for your invention is lost.
A provisional patent must contain a written description of the invention, complying with all requirements of 35 U.S.C. §112, 1st paragraph, and any drawings necessary to understand the invention, complying with 35 U.S.C. §113. A provisional patent must also include a cover sheet and the filing fee. For fee information, call the USPTO, toll-free, at 1 (800) 786-9199. - Full patent applications require more diligence and care for success. They can be advantageous in the long run because you get feedback from a reviewer at the USPTO about your invention. This can help guide you toward a successful patent on the first try. Another advantage is a provisional patent that is not identical to the ensuing full patent is considered as a "disclosure" in some foreign countries--disqualifying the ensuing full patent for protection in those countries.
- Designs that are related can be filed in a single patent-distinct design have to be filed in separate patents. As listed by the USPTO, the elements of a design patent are:
1. Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
2. Cross-reference to related applications (unless included in the application data sheet);
3. Statement regarding federally sponsored research or development;
4. Description of the figure(s) of the drawing;
5. Feature description;
6. At least a single claim;
7. Drawings or photographs; and
8. Executed oath or declaration. - A nonprovisional utility patent is filed with the following elements:
1. Utility patent application transmittal form or transmittal letter (Form PTO/SB/05);
2. Fee transmittal form and the applicable fee;
3. Specification with at least one claim. This is a written description of your invention, including the manner of making and using your invention;
4. Drawings have to be included if they are necessary for the understanding of the subject that is being patented; and
5. Oath or declaration, forms PTO/SB/01, PTO/SB/02 or PTO/SB/02B can be used.