Review, Revise & Finalize

A detailed audit is a must before filing the application itself. A checklist outlining requirements for filing a provisional and non-provisional application comes handy at this stage. It helps us to identify the pre-filing tasks and filing formalities.

Our team at barcodeIP can help patent applicants and their counsel prepare and file a patent application. All you need to do is to provide us with one set of filing details and the rest will be handled by us.
Please write to us at mail@barcodeip.com


APPLICATION REQUIREMENTS

FILING A PCT NATIONAL PHASE APPLICATION Each national phase application (except for some exceptions in few countries) must be submitted within 30/31 months from the Priority Date. Each country has its own formality requirements such as translation, submission of PoA, assignment deed, etc. It is important to ensure that the action for national phase filing is initiated in timely manner for efficient completion of the filings in different countries.


PROVISIONAL PATENT A Provisional Patent is a priority placeholder, existing for only one year before expiring, thus beneficial in securing a filing date. A Provisional Patent permits an inventor to place “Patent Pending” on their invention for marketing purposes during the one-year priority period

The application must include

  • A Specification (description of the invention),
  • An Abstract,
  • An Oath/Declaration of Inventor-ship and
  • Drawings when appropriate.
As Provisional Patents can be used as priority documents for later Patent filings, the one-year priority period can be effectively used to further develop or improve the innovation.


NON-PROVISIONAL PATENT A Non-Provisional Patent Application, whether Utility, Design or Plant, covers an invention that is useful, novel, and non-obvious.

When filing a non-provisional utility patent application, it must be submitted in the English language or be accompanied by a translation in the English language, a statement that the translation is accurate, and have payment of the fee set forth in 37 CFR § 1.17(i).


  • Formatting Requirements

    • Each document can be created in a PDF format, Page size 21cm x 29.7cm.
    • Top Margin 2cm, Left Margin 2.5cm, Right Margin 2cm, Bottom Margin 2cm.
    • Pages to be numbered consecutively.
    • Text to have lines in double spacing in a single column of text.
    • Text must be in Arial, Times New Roman, or Courier preferably with font size of 12.


  • The Non-Provisional Patent Application package must include

    • Utility Patent Application Transmittal Form or Transmittal Letter
    • Application Data Sheet
    • Appropriate Fees (Filing Search & Examination Fee)
    • An Abstract, Description, a full set of Claims, Drawings when appropriate
    • Executed Oath or Declaration
    • Nucleotide and Amino Acid Sequence Listing (when necessary)
    • Large Tables or Computer Listings (when necessary)


  • Utility Patent Application Transmittal Form The form identifies the applicant(s), the type of application, the title of the invention, the contents of the application, and any accompanying enclosures.


  • Application Data Sheet Any domestic benefit claim(s) and any foreign priority claim(s) must be made in an ADS within four months from filing or 16 months from the filing date of the prior-filed application, whichever is later.


  • A corrected ADS may be filed to correct or update information in a previously filed ADS.

  • Oath or Declaration An oath or declaration is a formal statement that must be made by the inventor in a non-provisional application, including utility, design, plant and reissue applications, must be filed together with an ADS. Each inventor must sign an oath or declaration.


  • Exclusions Payment related information, should not be included as part of the document(s) submitted as they will then be available for public viewing.


Get in Touch      Request a sample

TYPES OF CONTINUING APPLICATIONS

The requirements to file a continuation application must meet the following criteria:

Must claim the benefit of parent application

Must be filed before the patent application is approved/abandoned

Must be at least one inventor in the new application that was listed in the original

CONTINUATION APPLICATION

A Continuation allows an inventor to modify the claims keeping the specification unchanged.

DIVISIONAL APPLICATION

A Divisional allows an inventor to split the original application into two (or more) applications usually because the original application was claiming multiple inventions simultaneously.

CONTINUATION IN PART(CIP)

A CIP allows an inventor to modify the specification, so long as the majority of the specification remains unchanged.

Frequently Asked Questions (FAQs)

A provisional patent application is filed at the United States Patent and Trademark Office (USPTO) to establish a ‘priority date’.
Before any public disclosure of the invention.
A ‘Patent Pending’ status conveys that a patent application has been filed to protect the invention.
The inventor owns the invention but most inventors have to assign their rights to their employers by virtue of their agreements.
At the USPTO site. There are two sets of forms, one for applications filed before September 16, 2012 and one for applications filed on or after September 16, 2012. This is due to the enactment of the America Invents Act of 2011, whose most significant provision changes the U.S. patent system from a "first to invent" system to a "first to file" system.

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While you take advantage of barcodeIP’s expertise in delivering quality paralegal services at competitive prices, we’ll focus on increasing your productivity, reduce costs and eliminate guesswork. Hire us to experience the intelligence in paralegal support services that shall meet your business aspirations. Virtual or remote paralegal support is a new reality – work with our award-winning team.

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Get In Touch

barcodeIP is an intellectual property paralegal and secretarial support services firm. Our approach is based on understanding a Client’s need, following a defined process, achieving the desired results and working towards continual growth of our clients.

WRITE TO US AT

mail@barcodeip.com



Call us at


+1 815-617-9219 (USA)

+91-7428187118 (India)

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