How to Draw Up a Provisional Patent - Explained

Drafting a Provisional Patent

Updated at April 20th, 2024

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Provisional Patent Templates

When filing a patent application, you should not attempt to reinvent the wheel. This is why the initial patent search process is so important. It can provide you with the specific language used to described the various protectable elements of your invention.

There are many websites that offer templates for drafting provisional patents. The quality of what these websites offer will vary depending upon the provider. In reality, the most important aspect about a provisional patent is to make a thorough disclosure. These websites will ask you routine questions designed to tease out the necessary information to be considered a disclosure. Unfortunately, these websites cannot provide you with the necessary language needed to adequately characterize the various elements of your invention.

In this article, we provide a sample of a provisional patent application. We provide commentary to explain the various elements and their importance. Hopefully, this template will adequately inform you about the basic requirements for the filing so that you do not make careless errors in the process.

Provisional Patent Example

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Utility Patent Application (Provisional)

TITLE: NOVEL CONTRAPTION THAT DOES THIS THING

[Try to make your title descriptive. Look at some of similar patents. Their names will be descriptive of what the invention does.]

INVENTOR: John Smith; Jane Smith; and Tom Thumb

[Make certain to name all inventors who have an interest in the invention.]

FIELD OF INVENTION

[0001] The present invention relates to move ___________. More particularly, the invention related to __________________.

[Basically, this is the category in which the invention falls. For more information on what is the field of an invention, visit the LawTrades blog. ]

BACKGROUND

[Here you are stating the background of why you invented the invention, what problem it solves, and why it would be beneficial.]

[0002] ________________ [the area in which this type of product] is relevant and off interest because __________. This product serves the following function in this field _____________________. This product would be used as follows ______________________.

[0003] The current state of __________ (competitor) products in the field do this _____________. The way this product functions is useful beyond existing products because _______________. Use of the product is carried as follows: _______________________.

[0005] The primary drawback of these products regards __________________ [function], _________________ [effect].

[0006] The current state of ___________ (substitute) products in the field do this _____________. The way this product functions is useful beyond existing products because _______________. Use of the product is carried as follows: _______________________.

[0007] The primary drawback of these products regards __________________ [function], _________________ [effect].

[0008] Because of these defects, there is a need for a product that ________________. This product will provide ______________ [function] and ______ [effect].

BRIEF SUMMARY OF INVENTION

[0009] The present invention promises a novel ______________ made up of __________________ [structure and design]. This device functions as follows ___________ [How It Works].

BRIEF DESCRIPTION OF THE DRAWINGS

[You will identify what the figures depict. You can add a bit of detail about the function of the individual apparatus identified.]

[0010] Some embodiments of the present invention are illustrated as an example and are not limited by the figure son the accompanying drawings, in which like references may indicate similar element and in which:

[0011] FIG. 1 - Figure 1 depicts an exploded perspective view of one example ___________ [what your product is] according to various embodiments of the present invention.

[0012] FIG. 2 - Figure 2 illustrates a perspective view of one example ___________ [what your product is] according to various embodiments of the present invention.

[0013] FIG. 3 - Figure 3 shows a view of two side profiles of an example of an ___________ [what your product is] according to various embodiments of the present invention.

[0014] FIG. 3 - Figure 3 shows a view of a side profile of an example of an ___________ [what your product is] according to various embodiments of the present invention.

DETAILED DESCRIPTION F THE INVENTION

[This is where you will specifically identify and explain every element of the invention that plays some part in its utility.]

[0015] The terminology used herein is for the purpose of describing the particular embodiments only and is not intended to be limiting of the invention. As used herein, the term “and/or” includes any and all combinations of one or more of the associated listed items. As used herein, the singular forms “a,” an,” and “the” are intended to include the plural forms as well as the singular forms, unless the context clearly indicates otherwise. It will be further understood that the terms “comprises” and/or “comprising,” when used in this specification, specify the presence of stated features, steps, operations, elements, and/or components, but do not preclude the presence or addition of one or more other features, steps, operations, elements, components, and/or groups thereof.

[0016] Unless otherwise defined, all terms (including technical and scientific terms) used herein have the same meaning as commonly understood by one having ordinary skill in the art to which this invention belongs. It will be further understood that terms, such as those defined in commonly used dictionaries, should be interpreted as having a meaning that is consistent with their meaning in the context of the relevant art and the present disclosure and will not be interpreted in an idealized or overly formal sense unless expressly so defined herein.

[0017] IN describing the invention, it will be understood that a number of techniques and steps are disclosed. Each of these has individual benefit and each can also be used in conjunction with one or more, or in some cases all, of the other disclosed techniques. Accordingly, for the sake of clarity, this description will refrain from repeating every possible combination of the individual steps in an unnecessary fashion. Nevertheless, the specification and claims should be read with the understanding that such combinations are entirely within the scope of the invention and the claims.

[0018] New adhesive tape placement devices, apparatuses, and methods for positioning adhesive tapes along straight and contoured adherents are discussed herein. In the following description, for purposes of explanation, numerous specific details are set forth in order to provide a thorough understanding of the present invitation. It will be evident, however, to one skilled in the art that the present invention may be practiced without these specific details.

[0019] The present disclosure is to be considered as an exemplification of the invention, and is not intended to limit the invention to the specific embodiments illustrated by the figures or description below.

[0020] The present invention will now be described by referencing the appended figures representing preferred embodiments. FIG. 1 depicts an exploded perspective view of the elements that may comprise _______________[what is your product] device (“device”) according to various embodiments of the present invention. In preferred embodiments, each of the elements of the device are configured with _______________________ (1), which is configured ___________(2). [Keep talking about how each part of the invention functions in relation to the others. Make certain to use a number beside each part of the invention to which you are referencing. These numbers will be incorporated into the drawings with a line indicating the specific apparatus or part of the invention to which you are referring.]

[0021] [Repeat; Continue to describe the function or structural components in the same manner as above.]

CLAIMS

[Claims in a provision patent are not necessary, as the claims will not actually be examined. It is not a bad idea to include some claims. The purpose of the provision patent is adequate disclosure to serve as a placeholder for a later thorough description of protectable claims. Adding claims here makes the disclosure more thorough. ]

What is claimed:

1. Explain it.
2. Explain it further.

ABSTRACT

[The abstract is used for publication purposes. This is the statement of the invention that is disclosed to the world. You should recall as you were doing your patent searches, you may have primarily searched within the titles and abstracts for your initial keyword searches.]

[This is a general description of what your invention is and does.]

The present invention comprises a novel _____________, generally consisting of ____________, which is capable of ______________[whatever it does].

FIGURES

[This is perhaps the most important part of a provisional patent. Remember, you are creating a placeholder for your invention. The claims that you later develop must relate back to what you disclose in the provisional patent to receive this initial period of protection. Having detailed drawings of your invention is perhaps the best method or manner of making a thorough disclosure. I further recommend you have numerous images created by a graphic designer. Each element of the invention should be clearly marked from at least one angle. Each referenced element should be mentioned in the specification with appropriate enumeration.]

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