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file uspto patent application

January 18, 2021 by  
Filed under Blog

Find out how to protect intellectual property in other countries. Provides simplified filing with a lower initial investment with 12 months to assess the invention's commercial potential before committing to higher cost of filing and prosecuting a nonprovisional application for patent. All patent applications must include a drawing if the subject matter permits. The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that issues patents to inventors and businesses. Check trademark application status and view all documents associated with an application/registration. A patent application is required to contain drawings if drawings are necessary for the understanding of the subject matter sought to be patented. For other assistance, please see our contact us page. When fillable EFS-Web forms are used, the data entered into the forms is automatically loaded into USPTO information systems. Find upcoming programs related to IP policy and international affairs. PROVISIONAL APPLICATION FOR PATENT FILING DATE REQUIREMENTS. No information disclosure statement may be filed in a provisional application. Establishes official United States patent application filing date for the invention. A provisional application must be entitled to a filing date and include the basic filing fee in order for a nonprovisional application to claim benefit of that provisional application. See also http://www.uspto.gov/inventors/iac/index.jsp. Electronically Using EFS-Web: The provisional application can be filed electronically only if EFS-Web is used. 2 comments: Unknown 31 July 2013 at 14:44. Beware that an applicant who publicly discloses his or her invention (e.g., publishes, uses, sells, or otherwise makes available to the public) during the 12 month provisional application pendency period may lose more than the benefit of the provisional application filing date if the 12 month provisional application pendency period expires before a corresponding nonprovisional application is filed. See 35 U.S.C. Can you describe the problem? If you wait longer than 12 months from your first US patent application, then your PCT application will be evaluated at the date you file the PCT application. See current fees (37 CFR 1.16(d)) at www.uspto.gov. Note: Unregistered eFilers are not permitted to file follow-on submissions/fees in EFS-Web. There is a surcharge for filing the basic filing fee or the cover sheet on a date later than filing the provisional application. A public disclosure (e.g., publication, public use, offer for sale) more than one year before the provisional application filing date would preclude patenting in the United States. 113. The cons are a shortened patent term and also your prior arguments and statements made in the parent application/patent can and will be used against you to narrowly interpret the claim language in a patent maturing from the subsequent continuation-in-part application. The provisional application papers (written description and drawings), filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail. The “context”, as the USPTO puts it, when speaking of China, is the uncomfortable (and unfair) reality that the Chinese government subsidizes the filing of both patent and trademark applications. The USPTO has strict requirements for both claims and drawings, so be sure to study other patents in your field to become familiar with the format of these sections. EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet.

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