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To be most effective, a provisional application should describe the invention in enough detail for someone of ordinary skill in the art to make and use the invention without undue experimentation.
They are separate forms of protection, but not mutually exclusive. A software invention, for example, could be protected under copyrights (how human expression authored computer-readable code), patents (a useful, novel, and non-obvious method, device, or system), or both.
Here are some things you can describe to get you going:Describe the way it looks:Describe what it does:Describe each step in the process of how it is used:Describe why it works:Describe the Benefits of using your invention:Describe different ways of making your invention:Use Lot of Pictures:
A software patent will cost anywhere from $6,000 to $12,000 and possibly upwards of $10,000 in patent lawyer legal fees. According to the American Intellectual Property Law Association, the median cost for a software patent is $10,000 and include the filing fees for the patent application.
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.
Certain things can never be patented, regardless of how well they meet these four standards. They include the elements, theoretical plans, laws of nature, physical phenomena, and abstract ideas.
Basically, Provisional Patent applications don't require drawings but non-Provisional Patent requires a minimum of one drawing. While working on these drawings, you must keep in mind Patent application process rules, which include: Use only black and white colors. You can use other colors also if required.
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.
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.
3 (k) of the Patent Act, 2002, computer program cannot be patented per se. However, a software can be patented if it is attached to an invention and that it is a component of such invention.