Provisional Patent Application Requirements

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    Description

    • Provisional patent applications must have a detailed and technical narrative that comprehensively describes the physical characteristics of the invention and how it functions. Unlike as in a non-provisional application, the inventor does not have to include detailed claims to uniqueness as to why the invention deserves patent protection.

    Drawings

    • A provisional application must include technical drawings that corroborate and visually demonstrate the description. The provisional drawings are not required to be the same as the drawings submitted in the non-provisional application, but ideally the two sets should be very similar if not identical.

    Fees and Forms

    • A provisional application must be submitted with a cover sheet that includes the inventor's names, dates and the invention's title. As of 2011, the fee required to submit a provisional application to the U.S. Patent and Trademark Office (USPTO) is $110.

    Considerations

    • Contact a patent attorney to prepare a provisional application. The USPTO recommends that, since the patent process is complex, inventors will gain maximum protection for their inventions when they hire legal representation. Gene Quinn, a patent attorney writing for "IP Watchdog" magazine, states that accurate drawings and descriptions can be reused in the non-provisional application whereas a shoddy provisional application may be tossed, resulting in more fees later.

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