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Non Provisional Patent Application

A non provisional patent application ascertains the filing date of the application and initiates examination process by USPTO. The application contains a specification that includes description and claims, drawings in required situations, an oath or declaration and the prescribed filing, search, and examination fees. The specification is a written account of the invention and the manner of production and employment of the invention. A specification shall state:

  • The title of invention that specifies the name, citizenship, and residence of the applicant,
  • Cross reference to related applications
  • Statement regarding Federally-sponsored research and development
  • Background of the invention that points out the field of the invention and describes the relevant prior art
  • Summary of the Invention
  • Brief Description of the Drawing
  • Claims and
  • Abstract of the Disclosure etc. The oath or declaration must be signed by the inventor in person, or by the person legally entitled to make application on behalf of the inventor.

A non provisional patent application shall have the entire papers in the English language otherwise a translation into the English language is essential along with the required fee. Unless all essential parts satisfying the rules are received, the patent application would not be sent for examination. The applicant will be notified of the deficiencies in case the application is incomplete or defective and will be provided with a time period within which completed application has to be submitted. If rectifications are not made within the specified time period, then the application will be returned or else will be disposed of. The filing fee will be repaid after deducting a supervision fee as laid down in the fee schedule. The USPTO numbers all applications received in chronological order and the applicant will be informed of the application number and filing date by a filing receipt. The filing date of a non provisional patent application is the date on which application is received in the USPTO and in the case of an earlier incomplete application, the date on which the final portion completing the application is received. A notice of allowance will be send to the applicant by the USPTO if the application is found to be in conformity with formal requirements on completion of examination. Once the issue fee is paid by the applicant, the patent will be granted.

Non provisional patent application is to be filed in order to obtain the patent with regard to your invention. After you file the provisional patent application you are required to file the non provisional application within a certain time period, a failure in this regard would not be favorable. You need to keep the track of the provisional patent application and file the non provisional patent application as and when it becomes due. It is for this reason you need to hire the services of professionals learned in the field of patent law, as they have more knowledge and can keep track of these applications in a better manner and more effectively. We at Biz & Legis have the resources and the team of qualified attorney's to provide you all the services with regard to drafting the non provisional patent application.