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A provisional patent application must meet the requirements of 35 U.S.C. § 112 by including an accurate written description of both the components and the operation of the invention. Your application should also include any drawings that are needed to understand the invention.
Under the current state of U.S. patent law, patents cannot specifically lay claim to software. For example a patent claim that recites "a software that performs functions X, Y, Z, etc." would not be allowed. However, a patent may lay claim to a computer system and processes performed by it.
In the United States software is patentable. Software patents are typically referred to as computer implemented processes. Software can be protected in the U.S. if it is unique and tied to a machine. Most importantly, for software to be patentable, the software needs to offer some kind of identifiable improvement.
Parts of a Provisional Patent ApplicationA written description of your invention. Drawings of what your invention looks like (not required, but usually desirable) A cover sheet that lists the inventors. The fee transmittal form and filing fee.
Patent pending starts from the time you submit a patent application to the U.S. Patent and Trademark Office (USPTO). It ends when they grant or deny you a patent. Most applications are pending for one to three years. However, it can take three to five years or longer for applications involving software or electronics.
Steps to Filing a Patent ApplicationKeep a Written Record of Your Invention. Record every step of the invention process in a notebook.Make Sure Your Invention Qualifies for Patent Protection.Assess the Commercial Potential of Your Invention.Conduct a Thorough Patent Search.Prepare and File an Application With the USPTO.
Don't be afraid to include as much detail as possible. The provisional application is simple. It should include a comprehensive description, a cover sheet, the names and contact information of the inventor or inventors.
A provisional patent application is fairly simple, but it must include the following:A written, detailed description of the invention.Drawings or illustrated figures that support the invention.Text that describes the drawings or figures.Your name and contact information.Your lawyer's name and contact information.More items...?
Under the current state of U.S. patent law, patents cannot specifically lay claim to software. For example a patent claim that recites "a software that performs functions X, Y, Z, etc." would not be allowed. However, a patent may lay claim to a computer system and processes performed by it.
Filing a provisional patent application onlineGo to the USPTO website uspto.gov.Click on the link called "patents file online"Click on the link for "unregistered" filer - or try this link for direct access.Fill in your name (last and first) and your email address.