“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.
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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
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).
The Non-Provisional Patent Application package must include
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.
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
A Continuation allows an inventor to modify the claims keeping the specification unchanged.
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.
A CIP allows an inventor to modify the specification, so long as the majority of the specification remains unchanged.
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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.
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