Inventors with limited funds, put your foot in the door at the US Patent and Trademark Office (USPTO) by filing your own provisional applications for $280/$140/$70 depending on your status as a large/small/micro entity. Template, directions, and warnings in replies.
Basic provisional application template (with catch-all omnibus claims--the minimum recommended--don't ask, long story): https://www.dropbox.com/s/2gkktpflahzbhbc/Provisional%20Application%20Template.docx?dl=0
Include figures, tables, etc. Pretend you're describing your discoveries and their advantages to a topical college class.
Include figures, tables, etc. Pretend you're describing your discoveries and their advantages to a topical college class.
USPTO provisional filing instructions: https://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/provisional-application-patent
USPTO Cover Sheet (PTO/SB/16): https://www.uspto.gov/sites/default/files/documents/sb0016.pdf
USPTO Cover Sheet (PTO/SB/16): https://www.uspto.gov/sites/default/files/documents/sb0016.pdf
After receiving your filing receipt, place a reminder in your calendar 9-mo out to talk to a patent attorney about filing a US Utility or International (PCT) application claiming priority to your provisional.
If you do nothing after 1 year, the provisional application expires.
If you do nothing after 1 year, the provisional application expires.
If you file before public use/disclosure of your invention, you can pursue US and international protection.
If you've already disclosed publicly, you've likely forgone international protection, but the US allows a 1-year grace period after disclosure to file a US application.
If you've already disclosed publicly, you've likely forgone international protection, but the US allows a 1-year grace period after disclosure to file a US application.
Provisional applications give inventors an additional year to decide whether to undergo the full cost of applying for a US Utility patent, protect the idea in discussions with investors/partners, and allow an additional year of protection (21 vs 20) over a first Utility filing.
Small entity status defined here (individual, small business <500 employees, non-profits): https://mpep.uspto.gov/RDMS/MPEP/e8r9#/e8r9/d0e30961.html
Micro entity here (<4 previous apps, income limits): https://www.uspto.gov/sites/default/files/forms/sb0015a.pdf
If not small/micro entity, assume large.
Micro entity here (<4 previous apps, income limits): https://www.uspto.gov/sites/default/files/forms/sb0015a.pdf
If not small/micro entity, assume large.
The main advantages of using patent attorneys to draft your applications:
Patent attorneys understand claims, docket well, know what NOT to say, and know what to include to counter the likely-coming rejection by the relevant patent offices.
Patent attorneys understand claims, docket well, know what NOT to say, and know what to include to counter the likely-coming rejection by the relevant patent offices.
Oh, and if you screw up, it's on you. If we screw up, we have malpractice insurance.
#callyourpatentattorney or email, I'm here: https://www.slwip.com/people/edward-sandor/
#callyourpatentattorney or email, I'm here: https://www.slwip.com/people/edward-sandor/