Establish Patentability First Before You File Your Patent Application Online

Establish Patentability First Before You File Your Patent Application Online

Should You File that Patent Online Yet?

Before you go off filing your patents, folks, take a minute to evaluate where your invention lies with regards to its strength in comparison to other widgets and gizmos out there.

There is a ton of information on the internet. But you can go to sites like Legal Zoom and Patent UFO and many others to learn more about the patent process. There is quite a bit to know before you head on out in your patent journey; they are good sites to read more about patentability and how to file a patent application.

One thing that just is flat wrong is how provisional applications are perceived. Make sure you know that a provisional must be filed with a complete description so that your non-provisional can safely reference it for priority. Make sure you also know that there is a differenc between converting your provisional into a non-provisional and just simply filing a non-provisional that references your provisional so that you can maximize your patent term life. This makes having your provisional well written even more important.

This is straight off the USPTO website, and it reads:

"Once a provisional application is filed, an alternative to filing a corresponding non-provisional application is to convert the provisional application to a non-provisional application by filing a grantable petition under 37 CFR 1.53(c)(3) requesting such a conversion within 12 months of the provisional application filing date.

However, converting a provisional application to a non-provisional application (versus filing a non-provisional application claiming the benefit of the provisional application) will have a negative impact on patent term. The term of a patent issuing from a non-provisional application resulting from the conversion of a provisional application will be measured from the original filing date of the provisional application.

By filing a provisional application first, and then filing a corresponding non-provisional application that references the provisional application within the 12-month provisional application pendency period, a patent term endpoint may be extended by as much as 12 months."

I suggest to everyone that they go familiarize themselves with patenting at the USPTO www.uspto.gov and other sites with inventor discussions. But a good place to start is probably any site that offers online patent applicaiton preparation and that has a tutorial on how patent requirements such as novelty may keep you out. Go read more about patentability first.

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