The USPTO will settle for black and white images, nevertheless, when the invention cannot be illustrated in ink. General examples include images of cell cultures and crystalline buildings.
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This includes a detailed description of the invention, illustrations of the invention and text that describes the illustrations. Documents submitted electronically should be in PDF format. Kimberlee Leonard has taken her professional experience as an insurance agency owner and financial advisor and translated that into a finance writing career that helps business owners and professionals succeed.
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Once a provisional application is filed, an alternative to filing a corresponding nonprovisional application is to convert the provisional application to a nonprovisional application by filing a grantable petition under 37 C. Converting a provisional application into a nonprovisional application versus filing a nonprovisional application claiming the benefit of the provisional application will have a negative impact on patent term.
The term of a patent issuing from a nonprovisional application resulting from the conversion of a provisional application will be measured from the original filing date of the provisional application. By filing a provisional application first, and then filing a corresponding nonprovisional application that references the provisional application within the month provisional application pendency period, a patent term endpoint may be extended by as much as 12 months.
The provisional application must name all of the inventor s. In view of the one-year grace period provided by 35 U. Such a pre-filing disclosure, although protected in the United States, may preclude patenting in foreign countries. A public disclosure e. Keep in mind that a publication, use, sale, or other activity only has to be made available to the public to qualify as a public disclosure.
A filing date will be accorded to a provisional application only when it contains a written description of the invention, complying with all requirements of 35 U. Although the application will be accorded a filing date regardless of whether any drawings are submitted, applicants are advised to file with the application any drawings necessary for the understanding of the invention, complying with 35 U. A drawing necessary to understand the invention cannot be introduced into an application after the filing date because of the prohibition against new matter.
Further, 37 CFR 1. To be complete, a provisional application must also include the filing fee as set forth in 37 CFR 1. Note: The information in this brochure is general in nature and is not meant to substitute for advice provided by a patent practitioner.
Applicants unfamiliar with the requirements of U. Fees are subject to change annually. See current fees 37 CFR 1. Payment by check or money order must be made payable to "Director of the U. Patent and Trademark Office.
The provisional application papers written description and drawings , filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail. EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet. Applicants prepare documents in Portable Document Format PDF , attach the documents, validate that the PDF documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing.
A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law.
Applicants must file a nonprovisional application claiming benefit of the earlier provisional application filing date in the USPTO before the provisional application pendency period expires in order to preserve any benefit from the provisional application filing unless the benefit of the provisional application has been restored under 37 CFR 1.
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