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Filing For a Provisional Patent Application


What does it mean when someone invents something and claims that he or she is “filing for a provisional patent application?”  Filing for patent rights has many steps. Further, those individuals amidst the journey of filing a patent can opt to retain a “place holder” along the way, as he or she continues to work on solidifying his or her patent rights. This place holder is known as the “provisional patent,” which the individual can have filed onto an electronic database. The provisional document is typically a summarized explanation of his or her invention. The basic intent of the provisional document is to summarize the invention as well as to pinpoint what makes the inventor’s invention novel and/or patentable. The writer must keep in mind, when creating the document,

‘What are the patentable features?’

This document also entails descriptions of the drawings, provided by the inventor. These drawings aid the writer in explaining the invention.

In order for an individual to file his or her provisional patent, he or she must first fill out two forms provided by the USPTO office. These documents also assist the writer, especially i if the writer of the document is not the inventor himself/ herself. If the provisional patent application is filed, but lacks a description of the invention or drawings and/or explanation of the provided drawings, the patent office rejects the document, and the inventor is, consequently, not granted a filing date at that time. Additionally, there are deadlines for when inventors can file their provisional patent applications. These documents can be filed “up to a year following the date of first sale, offer for sale, public use, or publication of the invention.” (http://inventors.about.com/od/provisionalpatent/a/provisional_app.htm)

Who is the provisional patent allegedly written to? This document is to be written to an imaginary individual whom is known in the patent world as PHOSITA. Further, PHOSITA is not a sea monster or a warrior, although the term does sound fierce, rather PHOSITA refers to “person having ordinary skill in the art.” (https://en.wikipedia.org/wiki/Person_having_ordinary_skill_in_the_art)

Therefore, this document is to be written in a way that pertains to the individual previously described and donned “PHOSITA.” When an individual completes the provisional patent application, he or she has a lasting provisional patent application in place for 12 months.

 

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