Filing a provisional patent application for protecting a 505B2 product is important, and it is a way to establish an early filing date, in the US, for the invention without the formalities and expense of a full non-provisional application. Here's a breakdown of the process:
General Requirements:
- Provides an Early Filing Date: But doesn't guarantee a patent. It is needed to file a non-provisional application within 12 months to claim the provisional filing date.
- Less Formal: Compared to a non-provisional application. The description doesn't need to be as detailed, but it should be clear enough for someone skilled in the area to understand the invention.
- While a patent attorney is not required, it's recommended for guidance on drafting the disclosure and navigating the patent process.
- The USPTO website offers resources and guidance on filing provisional applications https://www.uspto.gov/patents/basics/apply/provisional-application.
The Filing Process:
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Complete the Cover Sheet: Use the USPTO form PTO/SB/16 to provide details like inventor names, addresses, and the title of the invention https://www.uspto.gov/sites/default/files/documents/sb0016.pdf.
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Prepare the Disclosure: This is the main part of the application where the invention is described. There are no specific format requirements, but it should be detailed enough to convey the invention's purpose, construction, and how it works. Drawings an be included, but they don't need to be formal.
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Filing Fee: The fee depends on the entity size. Standard is $300, small entity is $150, and micro entity is $75. Fees may be changed over the time, please check with the US patent website for details and updates.
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Submission: the application can be filed electronically through the USPTO Patent Center or by mail.
Additional Tips:
Remember, a provisional application holds the place for only a year, a formal application should be filed within this timeframe.
