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To properly write a provisional patent application, it should have 1) a complete description of how the invention works and 2) a set of technical drawings that help explain how the invention works. The key concept is that a provisional patent application must fully describe how the invention works, including the components that make up the invention and how the components are arranged. If any portion of the invention is not clearly described, it is not protected!
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HOWTOW PROVISION TEA PATENT APPLICATION By: Thoughts To Paper| www.thoughtstopaper.com
INTRODUCTION Toproperlywriteaprovisionalpatentapplication,itshouldhave Acompletedescriptionofhowtheinventionworks. Asetoftechnicaldrawingsthathelpexplainhowtheinvention works. Thekeyconceptisthataprovisionalpatentapplicationmustfully describehowtheinventionworks,includingthecomponentsthat makeuptheinventionandhowthecomponentsarearranged.If any portion of the invention is not clearly described, it is not protected! 2
YOUPROTECTONLYWHATYOUDESCRIBE, SOWRITEASMUCHASPOSSIBLE. It is a common misconception that a provisional patent application does not need to be written in detail. After all, it’s just a provisional ortemporarypatentapplicationright?Wrong!Whatisnotexplained is not protected. Think about it, if I filed a patent application with one sentence and it said, “A machine that can travel through time”, doyouthinkIcanstopanyonefromevermakingatimemachineor prevent anyone from saying they invented a time machine before I did? Of course not. Unless I actually know how to make a time machine, including all the components that it needs, and how to put it together, I cannot get even provisional patent protection. So the first thing to remember is you must explain how the invention works in fulldetail. 3
DO YOU HAVE THE TECHNICAL BACKGROUNDTODESCRIBEHOWTHE INVENTIONWORKS? Describing the components of the invention and how it is arranged is not something every inventor can do properly. For example, if your invention has an actuator, do you know what other components it is attached to, and how it contributes to the overall working of your entire invention? Can you further explain it? A provisional patent applicationshouldbewritteninsuchdetailthatsomeonereadingthe application can recreate the invention. If you don’t have an engineering background, you will want to have a patent attorney or agentpreparethepatentapplication.Often,evenpatentattorneysand agentsfurthertakeonthehelpofengineerswhospecializeinthefield of your invention to assist in preparing the patent writing. This is becausethequalityofthepatentapplicationheavilyreliesonhowwell theinventionisdescribedformatechnicalviewpoint.Evenifyouhave an engineering background, it is best to have someone else as a professional write the patent application. Remember, the patent application should disclose the invention in sufficient detail for someoneelsetomaketheinvention. 4
DETAILHOWTHEINVENTIONWORKS, NOTWHATTHEINVENTIONDOES Apatentapplicationneedstofocusonhowtheinventionworks, notwhatitdoes.Thesetwoareverydifferent.IfIsayIinventeda machine that can travel through time, I’m talking about what it does.However,apatentapplicationrequiresdisclosureonhowit works. Namely, what components make up the invention, how those components are assembled, and how those components allow the invention to work. Many inventors get carried away in describing what their invention does, how great it is, and how it will change the world. However, the Patent Office cares more about how the invention works, and less about what the inventiondoes.Ifyoudon’tincludeenoughdetailabouthowthe invention works, your invention is not properly protected in the patentapplication. 5
PREPARETECHNICALPATENT DRAWINGS Visuals are important in helping a reader understand how an inventionworks,andwediscussedalreadythattheprotectionofa provisional patent application is based on how well the patent application allows someone to understand how the invention works.Therefore,drawingsareanimportantpartoftheprovisional patentapplication.Fortechnicalindividualstounderstandhowan invention works, they rely on technical drawings. Patent drawings are often technical drawings done in computer aided design (CAD) which show all the components of an invention and how the components are arranged. Patent drawings sometimes show the invention cut open, or exploded, to further show how the components are assembled. Unless you can prepare technical patentdrawings,itisrecommendedtohaveapatentprofessional preparethesetoensureyourinventionisproperlyprotectedinthe patentapplication. 6
SUMMARY A provisional patent application protects only the detail you clearly explain regarding how your invention works. The less detail you write, the less it protects. The less technical writing or technical drawing you include, the less it protects. Remember the above “time machine” example. If I file a provisional patent application with just a few sentences saying I invented a time machine, I will have no protection. Have a patent professional understandyourinventionandprepareafullsetofpatentwriting andpatentdrawingstofullyexplainhowyourinventionworks. 7
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