Need To File a Nonprovisional Patent Application?
What is a Nonprovisional Patent Application?
To obtain a utility patent on your invention or idea, you must file a nonprovisional patent application for your invention in the USPTO. Your nonprovisional patent application must be carefully drafted in order for a patent to be granted on your invention. Your patent application must normally include one or more drawing figures and a detailed text description of your invention that references the drawing figures and fully discloses how to make and use your invention.
Your non-provisional patent application should disclose as many details as possible and as many versions as possible of your invention. This is because later on, during examination of your patent application, you will not be allowed to add “new matter” to your previously filed patent application without the additional time and expense of filing a new patent application claiming the benefit of the earlier filed patent application.
The text portion of your patent application must include one or more carefully drafted patent claims. The patent claims are a critical part of your patent application and can require considerable skill to draft them properly. Your patent claims define the legal scope of your patent, should the USPTO grant you patent on your invention.
A patent application for an invention utilizing computer software should normally include flowcharts of the software process, and should include at least one block diagram of the computer hardware and (if applicable) computer network systems.
May an inventor claim patent pending status after filing a nonprovisional patent application?
Yes, the inventor may claim patent pending status after filing a nonprovisional patent application. If a nonprovisional patent application is filed that claims benefit of a previously filed provisional patent application, patent pending status will continue from the filing date of the provisional patent application.
Does the filing of a nonprovisional patent application provide the inventor any patenting rights before a patent is granted?
No. Before a patent is granted, patent pending status exists but does not provide an inventor any patenting rights such as the right to exclude others from making, using or selling their invention. However, it will hopefully deter others from copying, building and testing the invention.
How Much Does a Patent Cost?
A patent on your invention can constitute a highly valuable legal instrument. However, obtaining a valid patent on your invention does involve significant costs over a period of several years. The costs involved in patenting your invention can vary significantly and are almost impossible to accurately predict.
The initial costs to file your patent application typically consist of professional fees for preparing your patent application, graphics fees if you hire a firm to prepare your patent drawings, plus the USPTO filing fees.
During the patent prosecution period of several years, there are additional professional fees and USPTO fees involved. If you are granted a patent on your invention, there are also USPTO fees required for the patent to issue.
Please see our fee page for more information on costs of obtaining a patent.
Please see the USPTO.gov web site for details about USPTO filing fees.
Why You Should Avoid Cheap Patent Applications or Inexpensive Patent Applications
Non-Provisional patent applications must be drafted carefully and must contain a full disclosure of how to make and use the invention, along with a carefully drafted claim set that contains the legal scope of the patent.
We do not cut corners while preparing your nonprovisional or Provisional patent applications.
Our patent applications are as complete as possible. An inventor should avoid the temptation of filing a low cost, poorly prepared Non-Provisional patent application. Otherwise the inventor may risk losing the full legal benefits of any patent granted on the invention.
Optional USPTO Patent Search
A patent search is not required before filing a USPTO patent application, but it may be advisable in many cases so as to avoid unnecessary patenting expenses. In some cases I will recommend a patentability search to determine the patentability of your invention, before proceeding with any patent application process. The patentability search should provide you some assessment as to your prospects of obtaining a patent on your idea, but the search cannot tell you whether or not you will receive a patent on your invention.
You may perform your own patent search if you prefer, or else for an extra fee I can perform a US Patent Search for you that will include a patentability opinion. A patentability search cannot determine whether or not you will receive a patent on your invention, but it can provide you an assessment as to the difficulty you might encounter to obtain a patent on your invention. Please see the “Patent Searches” menu item for further details.
Obtain a Free No-Obligation Telephone Consultation with a Registered Patent Agent
As a registered patent agent, I can provide you the same patent prosecution services as a patent attorney, patent lawyer, or patent law firm within the U.S. Patent and Trademark Office, but usually at a much more affordable cost.
Please Note: Our telephone consultations do not involve a “sales pitch”. We cannot tell you if you can receive a patent on your invention. Patentability of your invention can only be determined by the USPTO after you have filed a non-provisional patent application. Also, we cannot quote you any fixed fees to prepare your patent application until we have first examined your full invention disclosure. Fixed Fees are not available for all inventions.
You may obtain a free telephone consultation by contacting us at the phone number below, or else by filling out the contact form on the right side of the page. When using the form, please make sure to include your correct email address. We will not give out your email address or send you spam.
During your free telephone consultation we will review with you issues affecting patentability of inventions, the USPTO patenting process, and some possible options you may want to consider for patenting your invention.
Phone: (862) 290-3470
Accupatents
comOur Business Principles
- Provide you the best value we can for your investment in time and money to obtain a patent
- We are committed to full honesty and integrity in dealing with our clients. We never misrepresent any facts or mislead you in regard to any issues
- As a registered patent agent, I am bound by the non-disclosures rules mandated by the US Patent and Trademark Office
- We look forward to assisting you!
We are a NY-NYC Area | NJ Patent Agent , but we Service Clients Anywhere in the US
Accupatents Is Committed To:
- Honesty and Integrity
- Expert, Friendly Service
- Affordable Patents
- Flat Rates – Fixed Fees for Many Projects