Understanding Provisional Patent Applications Ming Chow - October 21, A provisional patent application is a quick and relatively inexpensive way to declare an invention as your own. Filing dates are important in patent law because it essentially establishes who created a particular invention first, and subsequently, who has rights to that invention. It may be possible that someone, somewhere, is currently thinking of your same idea!
Continuation, Continuation-In-Part CIPand Divisional applications are three different kinds of applications that fall under the category of "stemming from a parent application.
These three application types enable the inventor to "modify" different aspects of the original or "parent" application by submitting a new application that claims benefit of the parent, as well as its filing date.
It is important to note that none of these continuation-type applications may be applied to a provisional application, as the only application that may claim the benefit of a provisional application is the subsequent non-provisional application.
So what are the differences? A Continuation allows an inventor to modify the claims, so long as the specification remain unchanged. A CIP allows an inventor to modify the specification, so long as the majority of the specification remain unchanged.
A Divisional allows an inventor to split an application into two or more applications for patent, usually because the original application was attempting to claim multiple inventions simultaneously. The first two types are usually voluntarily submitted by the applicant, while the Divisional application is usually a requirement made by the examiner.
A more detailed description of each application type will be presented in How to write a patent application following sections. The Manual of Patent Examining Procedure MPEP explains that "at any time before the patenting or abandonment of… his or her earlier nonprovisional application, an applicant may have recourse to filing a continuation in order to introduce into the application a new set of claims and to establish a right to further examination by the primary examiner.
With a Continuation Application, an inventor may increase the scope of his application without having to file an entirely new application and consequently losing the original filing date. According to MPEP, "the continuation should not include anything which would constitute new matter if inserted in the original application.
If new material is required in order to support the new claims, a Continuation-In-Part will have to be filed instead.
Another possible use for a Continuation application is when the set of claims in an application is met with a mixture of allowance and rejection by an examiner.
If the examiner confirms that "I will approve the application if claims A, B, and C are removed," it may be advantageous to move them from the examined application into a Continuation. This way, claims A, B, and C can still be fought for without blocking the rest of the claims that are allowed by the examiner.
The applicant is certain to get a patent issued on the allowed claims without entirely abandoning the claims under scrutiny.
MPEP describes a CIP as "an application… repeating some substantial portion or all of the earlier nonprovisional application and adding matter not disclosed in the said earlier nonprovisional application.
It is important to note that claims in the CIP that concern subject matter disclosed in the parent application are entitled to the filing date of the parent application. However, claims that are related to subject matter that is introduced in the CIP are only entitled to the filing date of the CIP.
The ability to protect the contents of the parent application in the CIP may be very important if, for example, the new matter absolutely cannot work without them.
Divisional Application Unlike the previous two application types, Divisional applications are usually the result of a restriction requirement made by an examiner in an Office action.
A patent application requires something known as "unity of invention. Each application must be strictly focused on one invention or on "a group of inventions so linked as to form a single general inventive concept," according to MPEP in order to be approved.
If an application does not have unity of invention, the examiner may ask the applicant to move the extra inventions into Divisional applications that each contain a single inventive concept from the original.
The only subject matter that is claimable by a Divisional application is that which was disclosed in the parent application. Remarks The requirements to use one of the above application types are simple: By meeting these requirements, the inventors are able to apply modifications to the parent application without losing the valuable filing date.
In a system where "first to file" is the rule, the ability to claim an earlier filing date is extremely advantageous.
By offering inventors the ability to modify the original application AND keep the original filing date of a parent application, Continuation, CIP, and Divisional applications may be an extremely helpful resource available to anyone wishing to file for a patent. Step 1 is to determine whether the claimed invention belongs to one of the four statutory categories of invention: If yes, Step 2 is to determine whether the claim is directed to a judicial exception, such as a law of nature, natural phenomenon, or abstract idea.
The Examiner had rejected the claims under 35 U. A method for providing an empirical model of a defined space comprising steps of: The Board then also agreed with the Appellant that claim 1 is much more specific than a broad abstract idea, as argued by the Examiner.
The Examiner had rejected claims under 35 U. A method of associating a first variable and an event on a display, the method comprising: A calculation or analysis is performed in the first, and a graph display is required in the second.Drafting a Provisional Application Sue A.
Purvis Innovation and Outreach Coordinator New York City Region. 2 Outline – Patent application as a vehicle to communicate and persuade • Substantive and formal legal requirements • Tell the story of invention • Provisional applications.
Writing a Good Patent Application Writing a Good Patent Application. The single most important thing in writing a patent application is for the attorney to *really* understand the invention. A provisional application for patent (provisional application) is a U.S.
national application filed in the USPTO under 35 U.S.C. §(b). A provisional application is not required to have a formal patent claim or an oath or declaration.
This post deals with the proper way of writing an application to the Principal of your school/college/institute asking leave for reasons like- heavy fever, headache or falling sick etc.
WIPO Patent Drafting Manual agents” or “patent engineers” write patent applications and file them with government authorities because these applications can be technically and procedurally complex. This manual deals with patents and how they are applied for and registered. The objective of this manual is to help.
Continuation, Continuation-In-Part, and Divisional Applications for Patent What Are They? Continuation, Continuation-In-Part (CIP), and Divisional applications are three different kinds of applications that fall under the category of "stemming from a parent application.".