Provisional Patent Application Status can be checked or viewed a few weeks after filing a provisional patent application you must get an official filing receipt from the United States patent office.
If there is any deficiency with the patent application such as a failure to pay fees then you will also get a notice from the United States patent office giving you a time limit within that you must submit the fees in order to avoid abandonment.
Once all things are in order, the provisional patent application automatically stops within one year. It is never considered and has no other status than pending or expired.
What is a provisional patent application?
First of all, there is no such thing as a “provisional patent.” Only a provisional patent application (sometimes called “PPA” or simply “provisional”) is valid. A provisional is a registration of a utility patent, which opens the door to acquire utility patent rights. A provisional application is temporary in nature and essentially useless if you fail to file a prompt, non-provisional application. When you accept a provisional patent application as a first door, then the non-provisional application is the second door you need to open over the next twelve months. By fact, a provisional is a substitute that buys you time. Let’s delve into how to draft an interim application.
Why file a provisional patent application?
To understand what makes a successful provisional, you must first recognize its intent. A provisional license grants you a one-year filing date and pending patent status. When you convert within the year to a non-provisional patent application, the non-provisional application will be backdated to the “priority date” of the earlier provisional filing date. Because this backdating advantage applies only to the material revealed in the provisional, any additional subject matter applied to the non-provisional does not advantage from the priority date. When you do not move, otherwise your temporary will be abandoned and will be unavailable to the public.
Features of Provisional patent application
Discuss the problem you solved
Both ideas stem from a question, issue, or question you’ve been trying to solve. Although it is not necessary to get a patent to explain the problem, it also helps to fill out the explanation of the solutions.
Identify the features that make your concept unique
Assuming existing products (aka “prior art”) address the problem inadequately, identify the new features which make your concept special. Seek to complete this sentence if it helps: My invention is the first. The majority of the writing-up will focus on those new apps.
Be broad and small in describing each new feature
A robust provisional is one that brings scope and depth to every important aspect of your invention. Say you have a concept, for instance, of a consumer product with new features X and Y. Each function should be addressed in Gory detail. Speak about each structure, aspect, relationship with other elements, what they do and do not, what they include and remove, etc. Don’t worry about the definition is too restrictive because the claims will eventually determine the scope of the patent rights, not the definition. At the same time, you can also explain that features X and Y are not limited, shown, and described, to specific examples or embodiments. Address structural and functional variations that could also produce the same result.
Ask yourself tough questions for provisional patent application status
It has become increasingly popular for the Patent Office to deny utility patent applications on the grounds of obviousness. That are namely, that taking a prior art product and combining/add/delete / modify it to arrive at your alleged invention would have been obvious to a person of ordinary ability in the art. Therefore, you should reinforce your provisional by explaining explanations why it wouldn’t be easy to come up with your idea (e.g., people have always done it in a certain way and wouldn’t dream of doing it my way since.., etc.). You will speak about obstacles, difficulties, and non-obvious factors that can lead others to stay away from your solutions.
- Request form in duplicate (Form 1).
- Provisional, or full duplicate specification. If the provisional specification is filed, the complete specification must be followed within 12 months. (Form 2).
- Drawing in duplicate (where needed).
- A description of the duplicate invention.
- Information & undertaking listing in duplicate the number, date of filing & current status of every foreign patent application (Form 3).
- Priority document (where priority date is claimed) in the application for a convention, if directed by the controller
- Declaration of inventor-ship where the provisional specification is accompanied by complete specification or in the case of a regional process implementation of the convention / PCT (Form 5).
- Procuratorial authority (if filed by Patent Agent).
- Fees (to be paid in cash / by check / by application draft)
Different forms for Provisional Patent Application Status
Form 1: Application for Grant of Patent
The link for grant of patent application in India is here:
- Title and Inventor Address(s),
- Name and address of requesting party(s),
- Information corresponding to previous applications for a patent concerning the current invention that you or any authorized entity have filed and
- Some statements, inter alia detail.
Form 2: Provisional / Complete Specification
The provisional or complete specification Form 2 is used to furnish a specification for your patent. Based on the form of patent application you file, it can be provisional or a full patent specification.
Form 3: Statement and Undertaking under Section 8
Statement and undertaking related to foreign filing. For the present invention, Type 3 is used to include details relating to patent applications filed in other countries. You must endeavor to keep the patent office aware of the specifics of the relevant patent applications filed outside India in writing.
Form 5: Declaration as to Inventorship
This application is used to designate current patent application inventors.
Form 26: Power of attorney (if filed through Patent Agent)
Form 26 is used to give the patent agent the power of attorney to deal with the patent application, correspondence, and communication on your behalf.
Documents required for filing of a Patent Application
- Cover letter- to indicate the document list;
- Application for patent application in duplicate form 1 [sections 7, 54 & 135 and 20(1)];
- In duplicate, complete / provisional specification in Form 2 [Section 10; Rule 13]
- Form 3 declaration and undertaking [Section 8; Rule12];
- Power of Attorney as provided in Form 26 (original) (Rule 3.3(a)(ii)); (if filed through counsel)
- Inventor-ship declaration in Form 5 (only in the case of an Indian application); (Rule 4.17);
- Application for Review: Form 18
- Statutory fees required (cheque / DD)
- Publication petition. This is optional (form 9) if express disclosure is necessary
- Form 28 only required for small entities to submit
Key points to know while registering a provisional patent application
As a candidate, the below-mentioned key points should be taken into consideration:
- The complete patent specification is an accurate and legal document. It describes the scope of the invention and it is the provisional patent term upon which the following comprehensive term and most importantly, the grant of the Patent will be based.
- If any elements are formed from the time duration of 12 months within the provisional patent specification and complete patent specification filing shall not be assigned a priority date. Any new invention after the filing process of the provisional patent specification will not be held and shall not get the advantage of the provisional application.
- This step to filing the provisional patent specification must be viewed as the first and first step towards the patent registration.
- If the patent specification is not listed within the time duration of 12 months, then the patent application will be ‘abandoned’.
- Confidentiality will be kept after the provisional patent application. But it is fairly fundamental for related disclosures to be made since incomplete applications will be disadvantageous for the candidate in the future processes.
- In order to conceptualize the invention and understand the implications of the inventions fully; it is necessary to prepare a rough set of claims even though it may not be a part of the provisional patent application.
Differences between a provisional and nonprovisional patent application
The main difference between a provisional application and a nonprovisional application is that the PPA is never tested whereas the nonprovisional patent application will ultimately be tested. As such, the main reason that one might want to file a provisional patent application rather than a nonprovisional patent application is to delay long-term examination costs, not to overcome the immediate cost of preparing and filing the patent application. In many situations, a provisional patent application (PPA) must be filed first as a PPA holds downstream patent examination costs and enables one to shift course and facilitate patent examination later on when needed.
The Bottom Line
A provisional patent application cannot be renewed. Even you can track your provisional patent application status with us. So, filling the PPA and take care of its refiling every year. Apply with Trademarkcart.
It gives all the services related to the patent at the international level and especially in the US and other international countries. So, apply today.
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