Patent Attorney Video – What is a Provisional Patent Application?

In this video, I am going to answer the question: What is a provisional patent application?

Provisional Patent Application

Read the transcript.

A provisional patent application is a patent application. It just doesn’t have all the formal requirements of a regular utility application. That is, the provisional application does not require claims. It doesn’t require an abstract. It doesn’t even require drawings. But of course, you should have drawings.

See the content requirements for a provisional and nonprovisional patent application.

When I write a provisional patent application, it is going to have claims, and it is going to have drawings. But the drawings aren’t the formal patent drawings. You don’t need to have drawings with all the reference numbers like you see in issued patents. The drawings can be sketches. In fact, a lot of the time I include photographs, especially if the inventor has a prototype or actual product of the invention. As the saying goes, a picture (or photograph) speaks a thousand words.

A provisional patent application is good in a lot of different situations.

For example, if you don’t have a big budget, a provisional application can be prepared inexpensively, especially compared to a full utility patent application. And that’s because a provisional application does not have all the formal requirements (e.g., the formal drawings and reference numbers).

A provisional patent application can also be prepared faster than a full utility patent application. For example, you don’t have to get the patent draftsman involved to prepare formal drawings or meet other formal requirements. And you don’t have to include claims (although I typically do).

Can you file your own provisional patent application?

You can, but should not. Work with an experienced patent attorney. A patent attorney can help draft a much better, stronger provisional application. Because if you forget something – leave out an important feature – it’s not protected. The provisional application only covers that which is included in the specification and drawings. If you write too narrowly, or don’t sufficiently broaden the description of the invention, you can lose important legal rights to the invention. A patent attorney can help with all of this.

Be sure to ask your patent attorney if a provisional patent application is right for you.

Watch more patent attorney videos.

Denver Patent Attorney Video Series – Statutory Bar

Today I’m going to answer your question – What is a statutory bar under the U.S. Patent Law?

Patent Attorney Video Series – Question 7

Read the transcript.

What is a Statutory Bar?

What is a bar, or a bar date? No, we’re not talking about “go to the bar and have a drink.” We’re talking about statutory bars. Statutory bars are defined by the United States Code (USC – or the “Patent Law”). The law says you have to file a patent application within one year of a “bar event.” What is a bar event? Public disclosure, public use, sale or even an offer for sale, or a publication of an invention.

What is a “publication?” You might be thinking that I don’t publish a magazine, therefore I’m not a publisher. But if you put it out there on Facebook or YouTube. That would be considered a publication under the patent law.

If you have already published your invention, you may not have lost your rights yet. But you do need to file a patent application right away – within 1 year of the first public disclosure or publication of your invention. And you don’t want to wait until the end of that one year to contact a patent attorney.

For example, if I had publicly disclosed my invention in January 2015, I don’t want to wait until December 2015 to start thinking of filing a patent application. No, I would want to talk to a patent attorney as soon as possible because they will need time to prepare and file a patent application for you.

A patent attorney can help determine whether your invention is subject to a statutory bar.

If you don’t file a patent application in time – your invention may be considered public domain. That means anyone can use the invention and they don’t owe you thing. If you apply for a patent, the Patent Office may deny your application because you let it “sit out there” for too long.

I just want to touch on this, because this was the case under the “old” patent law – and under the “new” patent law that took effect in 2013. But what’s worse, under the new patent law it is now “first-to-file.” That means that if someone else files even one day before you, they will get the patent for the invention. So it is even more important now to file a patent application with the US Patent Office as soon as possible.

Don’t wait! If you’ve already publicly disclosed, published, sold or offered your invention for sale, contact a patent attorney as soon as possible to evaluate your particular scenario and determine whether you still have rights to patent your invention.

I hope this answers your question. Remember, it is important to work with an attorney to file a patent application with the US PTO within the time limits set by the Patent law, or you may lose the right to patent your invention.