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secret prior art
) dollar all-time GREAT idea! DREAM BIG! Is There A Need For This? First to invent A legal concept in which the right to a patent for an invention is determined by the first person to make that invention, cf. It is all really quite simple.
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Inventors also have the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants.
What makes these provisional filings slightly different, is the fact that
? Claims and oath or declaration are NOT required for a provisional application.
? They provide the means to establish an early effective filing date in a patent application
? They permit the term Patent Pending to be applied in connection with the invention.
**NOTE: Provisional applications may not be filed for design inventions.
FILING DATE: the date on which a written description of the invention, drawings if necessary, and the name of the inventor(s) are received in the patent office.
COMPLETE AND ACCURATE: To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent.
VALIDITY AND PROCESS: It is valid for a period of 12 months, in which period a non-provisional application for patent has to be filed as described above.
Why use it? The earlier filing date protects your ownership and first to idea and market status!
Other requirements include:
? Provisional applications are not examined on their merits.
? A provisional application will become abandoned by the operation of law twelve months from its filing date.
? The twelve month period for a provisional application is not counted toward the 20 year term of a patent granted on a subsequently filed non-provisional application which relies on the filing date of the provisional application.
? A surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application.
A brochure on Provisional Application for Patent is available by calling the PTO General Information Services at 1-800-786-9199 or 703-308-4357 or by accessing PTO's Web site at http://www.uspto.gov/web/offices/pac/provapp.htm.