Re: Provsional patent description

Subject: Re: Re: Provsional patent description

Comments:
: : I know that a provisional patent must have a drawing complying with 35 U.S.C. 112 para. 1 and a written desciption of the invention complying with 35 U.S.C. 113. : : While looking at an actaul non-provisional patent, it has sections titled as "Abstract and Description." Under the description it usually has "Background of invention" "Summary of the invention" " Brief description of the drawing" and "Description of preferred embodiments" : : Does a provisional application usually include all of theses listed sections or just the brief description? : : : : Here is an example of a non-ppro app showing the sections in question: : : ----------- : : BACKGROUND OF THE INVENTION : : 1. Field of the Invention : : 2. Description of the Related Art : : : : The related art of interest will be described in the order of perceived relevance to the present invention. : : : : SUMMARY OF THE INVENTION : : : : BRIEF DESCRIPTION OF THE DRAWINGS : : : : DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS : : : : It is to be understood that the present invention is not limited to the embodiments described above, but encompasses any and all embodiments within the scope of the following claims. : : -------------- : : Is it customary to cite prior art in the description? : : The last line (not limiting the embodiments and encompassing all embodiments within the scope of the calims) appears to be implying that the patent holder may make a number of changes from the actual drawing and description and yet have the patent still remain in effect. How useful is that statement, and to what extent of changes can actually be made? If the invention states that it is made from steel, can they instead manufacture it from another material? : : : : I understand the importance of the provisional application including as much information as possible due to the fact that the claims in the non-provisional application must be supported by the provisional application. For simplicity in understanding your explanation, should a provisional application be exactly (or very near) the same as a non-provisional with the exception of the claims? : : As with everyone else who has a brilliant idea, I whould like to file a provisional application since it can establish a date of "conception" and because of the price difference of course. I have the drawing finished, complying with all the incredulous rules. And now plan to work on the description myself. I have done a patent search myself and have many patents to cite and prior art. The reason for doing this myself is in hopes that it will minimize the attorney fees as I will be consulting an attorney to "look things over" before submitting the application. I have searched the web and the USPTO.gov site and cannot find a good "guide" showing what the description should include or the "format" used. It would be very helpful if there were a "sample" provisional application to view the way one can view a non-provisional patent. : : I realize that this is very long and in depth, and a lawyer would probably charge a right arm and my first born. I appreciate any answers that can provide. : : Sincerely, : : Dave : Dear Dave, : Please note that the first answer I entered to the request was directed to Trademarks. : With patents, without my doing research, it is the first to use and diligently reduce to practice is the first to invent. The scope of the invention goes to the full scope of the disclosure in the specification. In a contest the winner is the first to use and diligently reduce to practice. Filing the application is constructived reduction to practice. : Anticipation, may depend on the claims also. Similar inventions may have different claims. Competing inventors may get patents with different claims, where one inventor's use may infringe the other patent. : All this may be a waste of time. The invention has not only to be good but has to be able to be used and not avoided. : The percentage of patents that earn, unless filed on behalf of going organizations, I believe is very small. : Our Reality Check™ is designed to save time money and worry, like yours. : Yes patents are not inexpensive. What is the price of what you are going through? Then you still have to find a patent lawyer you can trust. It is easy to get a patent, but how many patents make money. : One of the best patents I have ever gotten in terms of the utility of the invention and the scope of the claims has never been commercialized. The worst is that the industry leader got a 50M or 60M prize for a commercial design that is not as good and does not infringe the patent. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop™ : E arly L egal A dvice I s N ot E xpensive™

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