Robert Kain (c. 1996)          

I. Provisional Patent Applications: [35 U.S.C. § 111(b)]

A provisional patent application is a document fully describing the invention, filed in the U.S. Patent and Trademark Office, which is not examined by the U.S. PTO.

1. Authorization. A provisional patent application for patent must be made by the inventor. The application must include:

A. a specification as described in the first paragraph of section 112 (see details below); and

B. one or more drawings of the invention.

2. Claim. A patent claim is not required.

3. Fee.

A. $75.00 for small entity. A small entity is an individual inventor or a company employing less then 500 employees. (I hereby declare that the above identified small business concern or company qualifies as a small business concern as defined in . . . 37 C.F.R. 1.9(d), for purposes of paying reduced fees under section 41(a) and (b) of Title 35, United States Code, in that the number of employees of the concern, including those of its affiliates and all licensees, does not exceed 500 persons.)

B. $150.00 for a large entity.

4. Abandonment. The provisional application shall be regarded as abandoned 12 months after the filing date of such application.

II. Specification [35 U.S.C. § 112]

The specification shall contain:

(i) a written description of the invention;

(ii) the manner and process of making and using the invention;

(iii) the written description of the invention and use of the invention shall be described in such full, clear, concise and exact terms as to enable any person skilled in the art to which it pertains to make and use the same; and

(iv) shall set forth the best mode contemplated by the inventor of carrying out his or her invention.

III. Drawings [35 U.S.C. §113]

The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented.

IV. Benefit of Earlier Filing Date [35 U.S.C. § 119]

1. You must file a regular U.S. patent within 12 months or you lose your "patent pending" rights. An application for an invention disclosed in the manner provided by the first paragraph of section 112 of this title in a provisional patent application filed under section 110(b). . .shall have the same effect. . .if the application for a regular patent filed under section 111(a) is filed not later than 12 months after the date on which the provisional application was filed and if it contains or is amended to contain a specific reference to the provisional application.

2. For example, file a provisional patent application now. If you file a regular patent application within 12 months that refers to the earlier provisional patent application, your date of filing is the provisional patent application filing date.

V. Risks

1. Does the provisional patent application fully describe all aspects of the invention and show how to make the invention?

2. Does the provisional patent application show how to use the invention?

3. Does the application show the best way to do No. 1 and No. 2?

4. The provisional patent application may be defective if it does not comply with the law. See Section II.

5. If you don't file a regular patent application in one (1) year, you lose all benefits of the provisional patent application.

VI. Benefits

1. Inexpensive.

2. No criticism from the Patent and Trademark Office.

3. No rejections from the Patent and Trademark Office.

4. You can use "patent pending" for one (1) year.

5. The provisional patent application can be used to "beat" a publication date for a technical paper, a sale of the invention or an offer to sell. [Beware: if the provisional patent application is defective, you lose.]

VII. Forms

1. Provisional Patent Application Form.

2. Small Entity Status - Small Business Concern.

3. Small Entity Status - Independent Inventor.

4. Patent Declaration.

5. Power of Attorney (optional).

VIII. Instructions:

1. Complete the technical description of the invention and the drawings

2. Complete the Provisional Patent Application Form and Small Entity Forms (if applicable)

3. Mail these documents with your $75.00 or $150.00 check to:

U.S. Patent & Trademark Office

Box Provisional Patent Application

Assistant Commissioner for Patents

Washington, D.C. 20231

ROBERT KAIN          

Copyright R. Kain 1996, 1999