Ans.: A written description of the invention, complying with 35 U.S.C. ? 112, first paragraph; drawings, complying with 35 U.S.C. ? 113; the filing fee; and a cover sheet.

Well, apart from the insurance policy benefit of a prior-art search, there are important reasons why a relatively thorough patent search should be performed that affect the scope, and strength, of any future patent. The comments made regarding the same question for the PPA additionally applies here too.

Given that the cost of a Design Patent Application is relatively low, on par with our cost oriented do-it-yourself PPA services, the conclusion is pretty much the same as that given for the PPA, which is if you suspect that others may be coming up with your same or similar design, and you suspect that your design is commercially viable, then a prior-art patent search is wise to perform prior to filing a Design Patent Application.

The provisional patent application is an application that can be filed with the US Patent and Trademark Office (USPTO) that establishes the effective filing date of a patent application. The provisional application is not examined by the USPTO, and may remain pending for one year. At the end of the period, NCSU must elect to either drop the filing and allow the information to become public or convert the provisional application to a regular patent application.

A Provisional Application, to obtain a filing date in the U.S. Patent Office, has to contain the items set forth in 37 CFR § 1.51(a)(2). The requirements of that Rule are summarized here but the reader is advised to consult the Rule personally and to be familiar with it. The Provisional Application requires a specification satisfying 35 U.S.C. § 112, except that it need not contain claims.

Ans.: No, a provisional application cannot claim the benefit of an earlier filed application, either domestic or foreign.

Ans.: A patent can be issued on a subsequently filed nonprovisional application that claims the benefits of a provisional application filing date. The provisional application, itself, cannot mature into a patent.

You can't - a Provisional Application will never become a patent. It's necessary to have a utility patent application on file, which will be examined and (hopefully) issue as a patent. There are two ways to do this without losing the benefit of your Provisional Application filing date: File a regular utility patent application within a year of the Provisional filing date, claiming priority from the Provisional.

Answer: A provisional patent application is not examined, it does not have to include any claims defining the invention precisely, it does not have to name the inventors or provide their citizenship, and it expires in one year. The purpose of a provisional patent application is to establish a filing date for the invention disclosure that may later be claimed as a "priority" date in a later-filed regular or foreign patent application.

Typically, NO. While filing a provisional application can delay certain expenses, it does not avoid any expenses, unless the provisional application is abandoned before a regular application is filed, i.e., pursuit of patent protection is abandoned. Since provisional applications are not examined, considerably more latitude is taken with respect to the format of provisional applications as compared to non-provisional regular applications, e.g., in an emergency (e.g.

A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. § 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to establish an early effective filing date in a nonprovisional patent application filed under 35 U.S.C. § 111(a) and automatically becomes abandoned after one year. It also allows the term "Patent Pending" to be applied.

The term "priority date" can mean any of several different things, depending on the context. The "priority date" of a patent application is the date which controls what prior art affects its patentability, whether a statutory bar applies, etc. For many patent applications the priority date is the date on which the patent application was filed with the patent office. In some circumstances a patent application will enjoy an priority date earlier than its own filing date.

Before making plans for the timing of the filing of a patent application, any inventor should seek advice of competent counsel. The time periods described here represent only a few of the factors that will influence how quickly a patent application should be filed. Under U.S. patent law, a patent will not be granted to an applicant unless the application is filed less than one year from the date that the invention was sold or offered for sale within the United States.

A patent search is not a prerequisite to filing a patent application. However, it is strongly recommended. You may be able to perform a preliminary search yourself. See Protecting Your #1 Asset, pages 88, 183-184 and 200-201.

The filing date will be the day you lodged your application with IP Australia providing the IB receives your application and our certification within two months of that day. If there is a problem during certification, you will need to respond very quickly as there is a risk of losing your filing date.

After a non-provisional patent application is filed with the U.S. Patent and Trademark Office (USPTO), it will be examined. During the examination an examiner will issue Office Actions. AP&C's patent attorneys are responsible for overseeing the responses to these Office Actions, and will work closely with you and, possibly, outside patent attorneys specializing in your field of study, to make important decisions concerning the prosecution of your patent application.