Nonprovisional Applications

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Patent Applications:

What Is the Patent Application Process?

What Is The Difference Between A Provisional and Non-Provisional Patent Application?

  • Utility (Non-Provisional) Patent Applications: A non-provisional application is more formal than the provisional and it must contain all of the detailed sections such as brief description of drawings, summary, background, field of invention and most importantly claims. Unlike the provisional, the nonprovisional application must point out and distinctly claim the invention they are claiming is their own. The language of claims is nearly a language unto its own – and requires a true skill to craft language in such a manner to grant the inventor as much rights as they are deserved under the invention without falling victim to encroaching into another’s patent rights. The nonprovisional application may supersede and claim the priority of a provisional application which means it alleges that the invention as described and claimed in the nonprovisional was fully described in the provisional. The non-provisional is what gets examined by the USPTO and is the application that may eventually be granted.
  • Design Patent Applications: For a client that wishes to protect only the way something looks or appears. This special type of patent application requires a very detailed approach to defining the shapes, orientation and ornamental features of the invention. It is important to note that the protection given by a design patent (once granted) is limited to the ornamental appearance of the invention, not what it does but what it looks like only.
  • Plant Patent Application: Plant patent applications are available for those inventors or applicants who have found a new species of plant which has been reproduced without the need for natural pollination or nature (asexually reproduced). Examples of these types of patents are for different strains of hops, fruit trees, and grapes (for wine). Just like utility applications, the written description needs to fully enable the invention and allow someone who is in the field of horticulture to be able to make and use the invention. In addition, a specimen of the plant invention needs to be submitted to the USPTO for inspection and analysis.
  • Foreign Patent Rights: Filing a Patent Cooperation Treaty (PCT) application is the most common method of filing internationally. Certainly, we can help you file in specific countries, but would need to reach out to co-counsel in said countries. These applications do not change in substance or content so much, but the examiner doing the searching and examination is what is called an International Search Authority (ISA) and that search and examination will be relied upon by the various countries that have signed up to the PCT (90+ countries). “Bold Ideas” provides more insight on PCT Applications; click here to access Chapter 17.

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