Provisional and non-provisional applications managed by the US Patent and Trademark Office (USPTO) are two options for those who wish to observe that behavior. The provisional application, under the GATT Uruguay Round Agreement, provides a more economically attractive option for the first patent application in the United States, while offering equivalence between the US and foreign applicants Have a low price point to become.
What does a temporary application do?
The provisional patent document is submitted to the USPTO under 35 USC § 111 (b) and the applicant submits an "official patent request, oath or declaration, or information disclosure (prior art) statement" It is a U.S. domestic application not admitting that. Due to the rapidity of this type of patent form, the applicant can set an early effective filing date which is very useful if it is desired to establish priority at a later date, later on under 35 USC § 111 (a) A nonprovisional patent application can be filed on the date. This is a provisional patent form that allows applicants to use the phrase "patent pending" in conjunction with the invention (Source: "Provisional patent of patent", US Patent and Trademark Office, http: // www .uspto.gov / patent / resource / type / provapp.jsp).
Deferral of this application is valid for 12 months from the filing date. This hold can not be extended. It is important to be careful. Therefore, if this type of applicant does not wish to dismiss the application before the date of submitting the provisional application, a corresponding non-provisional application must be submitted during the 12-month suspension period Hmm. This application needs to specifically refer to the provisional application.
Instead of submitting the corresponding nonprovisional application documents, you can convert the provisional application documents into nonprovisional application documents by submitting a "tentative application". This must be done within the same 12 months period from the date of the first submission. The disadvantage of this method is that the duration of the patent issued from such transformation will stay from the date of the original provisional application submission date.
What will a non-provisional application do?
A patent is a kind of "fence" of the invention. Just as property rights protect home owners and businesses from intrusion, establish boundaries of ownership and profits derived from those contained within the boundary. For a limited period, nonprovisional patent holders are entitled to exclude others from using, manufacturing, selling, selling or importing materials defined in the United States.
There are three types of patents: patents, utilities, designs, plants (and two types of utilities and plant patent applications - provisional and nontemporary). Most of the over 500,000 patent applications received each year are utility models (Source: "Nonprovisional Application (Utility Model) Patent Application Procedure Guide", US Patent and Trademark Office, http: //www.uspto.gov / patents / resources /types/utility.jsp).
Please contact the USPTO for information on searching for other types of patent forms, patent attorneys or distributors, obtaining the latest price list, or obtaining copies of other USPTO publications.
One important note is that having a patent does not mean that the USPTO is thoroughly infringing the patent. It is the responsibility of the patent owner to enforce their patent rights and pursue appropriate means if the patent is infringed. Considering the complex nature of the nonprovisional application, the USPTO recommends consulting with a registered patent attorney or agent after reviewing the guide.
Quoted work:
"Provisional (Patent Application Procedure Guide)", US Patent and Trademark Office, http: //www.uspto.gov/patents/resources/types/utility.jsp
"Provisional patent application", US Patent and Trademark Office, http: //www.uspto.gov/patents/resources/types/provapp.jsp
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