Post dating of patent application in usa
The Provisional Route Takes Longer The two-step provisional route takes longer than the 1 step non-provisional route.
This is because the provisional application is never put in a queue at the patent office to be examined, only non-provisional applications are placed in the queue and examined.
The inventor’s oath or declaration and claims are not required for a provisional application.
Post dating of patent application in usa video
Therefore around January 1, 2014 an Examiner will being the examination process.
Thereafter the Examiner will negotiate with John’s patent attorney, during what’s called patent prosecution.
In order to retain the benefit of the filing of a provisional patent application, a non-provisional patent application that claims the benefit of the provisional application must be filed within one year of the filing date of the provisional application.
If a non-provisional patent application claiming the benefit of the provisional application is not filed within one year of the filing date of the provisional application, then the benefit of the provisional application filing date will be lost.
A patent can result from a non-provisional patent application filed within one year of the filing date of the provisional application, where the non-provisional claims the benefit of the provisional application.
The filing of the non-provisional within one year is the second step of the two step process.The USPTO sends John’s attorney a filing receipt for the filing of the provisional but the USPTO does not place the provisional application in the queue to be examined by a Examiner.Remember provisional patent applications are not examined.This post is designed to explain the difference between a U. Either route, when properly carried out, can result in a patent. non-provisional patent application is a patent application that when properly filed with the U. Patent and Trademark Office is placed in a queue, examined by a Patent Examiner. Each non-provisional patent application should contain a title, a background of the invention, a summary of the invention, a detailed description of the invention, one or more claims, and drawings. The non-provisional route providing a one step start to the patent process and the provisional route providing a two step start to the patent process.Provisional – 2 Step Route Now lets look at a scenario where John first files a provisional patent application and then files a non-provisional application within one year.