Trying to navigate the complex landscape of patents and intellectual property law can be daunting for anyone, especially when facing the requirement to submit a provisional patent application. This process requires knowledge of the area’s local regulations, as well as an understanding of the intricacies involved in the patent application process. Fortunately, Chicago’s businesses have access to experienced attorneys who understand the Jet City’s distinct legal environment and are well-equipped to provide the necessary legal counsel for those embarking on the journey of filing a provisional patent application.

What Exactly is a Provisional Patent Application?

A provisional patent application is the initial step in the patent process and forms the basis for a non-provisional patent application. While it is generally not required, filing a provisional patent application provides an extra layer of protection for an inventor’s idea. This prevents others from filing a patent application for the same invention within the span of the temporary “patent pending” protection period that is issued by the provision application. It also acts as a placeholder for the invention so that, when the non-provisional patent application is filed, it preserves the inventor’s right to the priority date of the original provisional application.

The provisional patent application is actually not examined and does not grant an inventor any rights, instead, it simply prevents anyone else from patenting the same technology during the patent pending period. Patent protection is only granted once the non-provisional patent application has been examined and granted by the US patent office.

What is Needed to File for a Provisional Patent Application?

In a loose sense, provisional patent applications are intended to provide a description of a particular invention and to generally describe how and why they are different from prior art. It is important to provide the most detailed description of the invention as possible. This includes explicit details regarding how to make and use the invention, as well as drawings, flow diagrams, and a listing of the components necessary for the product to function. Additionally, unless the invention has a biological or medical component, the description should also include sufficient information so that someone skilled in the particular technology would be able to make the invention without any further experimentation.

In order to submit a provisional patent application, the following materials should be submitted in a PDF format:

• A title of the invention

• A title page with the name, address, and phone number of the inventor

• A PDF version of the provisional patent application

• A PDF version of any drawings or diagrams related to the invention

• A description of the invention

• A table of contents

How to File for a Provisional Patent Application in Chicago

To file a provisional patent application in the city of Chicago, the inventor must provide the USPTO with a written description of the invention as well as drawings or diagrams related to the invention. Generally, the information included in the written description should provide enough detail so that someone of ordinary skill in the particular technology would be able to make the invention without having to perform any additional experiments to figure out how to make the product function. Additionally, the written description should include a title of the invention, as well as an abstract which describes the invention. Lastly, the written description should include any drawings, diagrams, or photographs for the navigator.

After that, the inventor or his/her legal representative must submit all of these materials and drawings along with the filing fee to the USPTO. The filing fee for a provisional patent application is relatively low. Once the application materials have been submitted to the USPTO, the inventor must send a copy of the application to the USPTO within three months from the date of filing.

At this point, there is no further action to be taken outside of regularly checking the status of the application with both the USPTO and the relevant licensing authority. If the provisional patent application is approved, the inventor will be granted a one-year patent pending period with the USPTO. During this period the inventor is not required to take any further action and can decide at a later date whether to submit a non-provisional patent application or to abandon the application altogether.

Where to Find Experienced IP Attorneys in Chicago

In order to find experienced intellectual property attorneys in Chicago, you may want to consider making use of online legal services such as UpCounsel. UpCounsel attorneys have an average of 14 years of experience, consumer ratings, and reviews of their past work, so you can rest assured that you are getting the very best attorneys for your needs. Also, UpCounsel provides access to a network of experienced lawyers on demand, saving you time and money when it comes to filing a provisional patent application.

Final thoughts

Submitting a provisional patent application is an important step for any inventor or business looking to protect their ideas and inventions. While the process can certainly seem intimidating, understanding the major steps involved and having access to experienced attorneys to provide legal counsel along the way can make the process considerably easier. With the information provided in this article, you can now take the steps necessary to move forward with your provisional patent application in Chicago.

Topics:

provisional patent application,

patent process,

intellectual property law