How to File From PCT to Provisional
The Patent Cooperation Treaty (PCT) was signed in Washington in June 1970. This particular treaty states that members who have signed it have the ability to file a single patent in their home country, and the patent will be reviewed for implementation in the home country and in the countries of all signers. For American patent applications this means that the international patent covers the U.S. just like a utility patent. Of course American inventors can still file a provisional patent first, just to add some more legitimacy to their invention being patented first.
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Things You'll Need
- International patent application form
- Provisional application cover sheet
- Fees
Instructions
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Provisional Application
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1
Download a provisional application coversheet from the US Patent and Trademark Office. The official sheet includes a list of all required pieces for your application, as well as fee and submission information.
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2
Describe the invention and include all drawings necessary to understand it. Claims and other parts of a full patent application don't have to be filed, as a provisional application doesn't grant full patent rights. What it does do is give you an earlier date of patent application for legal considerations and it allows you to claim an invention as "patent pending."
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3
Send the provisional application to the U.S. Patent and Trademark Office. The destination is listed on the official provisional patent cover sheet. Include all necessary sheets and your acceptable payment method.
International Application
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4
Get the International Patent Application Form. It can be downloaded from the U.S. Patent and Trademark Office's website, or you can pick up a form in person from one of the branch offices.
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Fill out the application and attach all documentation required. The document requests all of the necessary forms, but they include a description of your invention, the claims it is supposed to fulfill, mechanical drawings and explanations of them along with your provisional patent information. All of this must be typewritten in permanent, black ink and in English for United States filings.
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Send your application and the included fee payment to the U.S. Patent and Trademark Office address listed on the form for submission. Once you've included all documentation, and you've followed all instructions listed on the forms, all that's left is to start your review by sending it in.
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Tips & Warnings
A provisional patent must be filed within 12 months of the first publication, sale or attempted sale of the invention in question. Longer than that and you may not file for a provisional patent.
References
Resources
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