Patent Attorney and Founder
Filing for provisional patent protection can be a smart move for inventors, as doing so gives you the right to use “patent pending” language and take up to 12 more months to file the non-provisional patent application materials. The provisional patent specification, which is essentially a description of the invention, forms a key part of the application. If a provisional specification is drafted too narrowly, the ultimate patent protection, when granted, will also be narrow, meaning you could be short-changing yourself and limiting your ultimate patent rights.
So, what do you need to include in your provisional specification patent application? The requirements are spelled out in the Patents Act. At a basic level, the specification claim must include a title that identifies and describes the invention, as well as a written, detailed description of it. You can also submit drawings or illustrations (and these may be required to help readers understand the invention).
How to Write a Provisional Patent Application
Let’s take a closer look at these elements and the steps involved in writing a provisional application, in the context of writing a broad provisional specification of patent designed to provide you with the most protection for your invention.
Step 1. Be Descriptive, But Use Plain Language
Your application for a provisional patent will need to include an accurate description of your invention and its components, and an explanation of how it operates. If drawings, illustrations, graphs, or other visual art will help the reader understand the invention, be sure to include those too.
The goal with the written and visual components of your application is to be as broad as possible, while ensuring you are meeting the patentability requirements. Be accurate in your wording and include all relevant details that would help someone to make and use your creation. You do not need to use legal jargon in your description; use plain, straightforward language.
Step 2. Tell Your Story
Your provisional patent application, and the specifications included, are an opportunity for you to tell the story of your invention. Talk about how and why you came up with this idea, and the problem it will solve or purpose it will serve. Identify any prior art, discuss the competition, and mention who the likely users of the product will be. Your application should also describe how your product works.
A word of caution: As with anything you include in the application, be aware that your words could come back to hurt you later in a subsequent patent violation claim. This is an area where a patent attorney’s services can be invaluable in attempting to protect you from unforeseen issues.
Step 3. Include All Required Elements
In addition to your specification, relevant drawings, and applicable prior art disclosures, your application must also include a cover sheet/cover letter and the applicable fee. Be sure to disclose the identities of all inventors on the cover sheet using their residential addresses, your invention’s title, your attorney’s name and registration, a docket number, an address for USPTO correspondence, and the identity of any federal agency that has an interest in your application.
While you do not technically need an attorney to draft your provisional patent application or the specifications for it, leveraging the skills and knowledge of patent professionals can ultimately be cost effective, helping you obtain the scope of protection you want. Bold patents provides a range of provisional patent services for inventors across the country, using convenient remote services and transparent pricing.
Still not sure how to file a provisional patent or just have additional questions? Do you want to see a provisional patent specification example? Contact us today to get started with a complimentary Discovery Call.