Post on 05-Aug-2020
3/9/2016
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www.FortressPATENTSMobile.comRalphRalph W. Oakeson, PhD, MBA
USPTO Registrant - 72,700
www.FortressPATENTSMobile.com
(1) AUTHORIZATION.—A provisional application for patent
shall be made or authorized to be made by the
inventor, except as otherwise provided in this title, in
writing to the Director. Such application shall include—
(3) FEE.—(A) The application must be accompanied by the
fee required by law.
(2) CLAIM.—A claim, as required by the second through fifth
paragraphs of section 112, shall not be required (but
allowed and suggested) in a provisional application.
(b) PROVISIONAL APPLICATION
(B) a drawing as prescribed by section 113 of this title.
(A) a specification as prescribed by the first paragraph
of section 112 of this title; and
Full Simpler
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(No Review + Filing Fee Only = No Rights + Simple Fee)
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(1) COVER SHEET identifying:
(i) The application as a provisional application,
(ii) The name of inventors,
(iii) Inventor residences,
(iv) Invention title,
(v) Attorney / Agent name (if applicable),
(vi) Docket number (if used),
(vii) Correspondence address, and
(viii) Any U.S. government connection (funds, etc.);
(3) DRAWINGS, when necessary, see C.F.R. 37 § 1.81 to 1.85
(2) SPECIFICATION as prescribed by the first paragraph of 35
U.S.C. 112 and C.F.R. 37 § 1.71
The Application; General Requisites Of An Application Full Simpler
(4) The prescribed FILING FEE and application size fee, C.F.R.
37 § 1.16 (the “size fee” means Provisionals can be long).
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Cover Sheet(C.F.R. 37 §1.51)
Drawings(Full Rule – C.F.R. 37 §1.81 to 1.85)
Specification(Full Law - 35 U.S.C. 112, see § 1.71)
Full Law Simplified
Fee (Person/Small Business $130 andNew Inventor $65) (35 U.S.C. §111(b))
Claims (Optional / Suggest)(Full Law - 35 U.S.C 111(b)(2))
Full Law Simplified
Provisional Elements
LegalProvisional Application
Mythical“Provisional
Patent”
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Nothing Left To Others To Patent
No Lost Invention Features
Invention Lost Invention Features Left To Others To Patent
Improper “Provisional Patent”
ProperProvisional Application
Invention
Invention Not Fully Disclosed
• Too Few Drawings• Description Too Simple• Too Little Description
• Drawings Too Simple
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• No Claims
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“Patent Pending” only applies to what is adequately disclosed.“… a reasonable royalty shall not be available under this subsection unless the invention
as claimed in the patent is substantially identical to the invention as claimed in the
published patent application (35 U.S.C. § 154(d)(3).”
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“… if no such request is made, the provisional application shall be regarded as
abandoned 12 months after the filing date … (35 U.S.C. 111(b)(5).”
As the USPTO does not review the provisional it CANNOT grant patent rights.“… provisional applications for patent shall not be subject to sections 115, 131 (not
examined), 135, and 157 of this title (35 U.S.C. 111(b)(8)).
“A ‘provisional application for patent’ shall be made or authorized to be made by the
inventor, … 35 U.S.C. 111(b) PROVISIONAL APPLICATION—(1) AUTHORIZATION
(Dangers of calling the Provisional Application a “Provisional Patent” is discussed later.)
ABANDONED In 12 Months – IF NOT Converted / Claimed To A Patent
“Patent Pending” Markings ALLOWED With Provisionals
NOT Examined / NO Patent Rights Granted
NO “Provisional Patent” ONLY A Provisional Application
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$99, $199, $299, and $499Scam Alert – At these prices a $150 an hour patent professional can only
spend 1 – 2 hours of a professionals time. So you get the $25 an hour
assistant. Either way can a professional write, draw, complete the
application, and file your invention patent in 2 – 5 hours and do a good job?
Hours to DaysScam Alert – Can non-inventor fully understand your invention in one
hour or from a sketch and in another 24 hours write a patent application to
cover all the unique aspects of the patent, capture the more valuable
inventive concept, and file the application, and do the invention justice?
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True – IF invention features are properly captured and disclosed.
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$99, $199, $299, and $499Scam Alert – At these prices a $150 an hour patent professional can only
spend 1 – 2 hours of a professionals time. So you get the $25 an hour
assistant. Either way can a professional write, draw, complete the
application, and file your invention patent in 2 – 5 hours and do a good job?
Hours to DaysScam Alert – Can non-inventor fully understand your invention in one
hour or from a sketch and in another 24 hours write a patent application to
cover all the unique aspects of the patent, capture the more valuable
inventive concept, and file the application, and do the invention justice?
www.FortressPATENTSMobile.com
True – IF invention features are properly captured and disclosed.
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www.FortressPATENTSandIP.com
Patent Attorney KW Umpleby
"I like to call a ‘Provisional Patent’ Application the
sole inventor's accidental idea-suicide application”
“The start-ups shortcut to dedicating [donating] good
ideas to the public while still paying big legal fees.“
Patent Attorney KW Umpleby
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Ralph
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Ralph W. Oakeson, PhD, MBA
USPTO No. - 72,700