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Application Contents

In the last module you learned about the different application types. This module will cover exactly what goes into them.  Before covering the different components, here is a quick summary of the required contents.

Provisional
Provisional applications are the least involved (remember, they are more like an 'idea holder' than a regular application). Since they aren't ever even examined, less is required for a provisional application than for a nonprovisional.

Provisional applications must include a specification that describes the invention and any drawings necessary to help visualize it. The specification is the major component, although the PTO also expects a cover sheet identifying the application as provisional. Without the indication that the application is provisional, it will be treated as a nonprovisional application. Since the provisional would be missing a few things, it would be sent back to the applicant as incomplete. Therefore, although it may seem trivial, the cover sheet is important.

In addition to identifying the application as a provisional application, the cover sheet must also contain the name and residence of each inventor, the address any correspondence should be sent to, the title of the invention, the registration number of any patent practitioners who may have helped, and a few other odds and ends.

That's it; in order to secure a filing date for a provisional application a specification describing the invention, any necessary drawings and a cover sheet must be filed. In addition, there's also a required filing fee although you may send in the filing fee with a surcharge at a later date.

Claims are not required for a provisional application, neither is an oath or a declaration.  They are not examined for patentability and will be abandoned 12 months after their filing date.

Nonprovisional
Nonprovisional applications are more robust than provisional applications.

Nonprovisionals must include a specification and any necessary drawings. In addition to these requirements, they must also include the claims.

The claims describe exactly what is being patented and should leave no room for the imagination. They must be clear and concise. A nonprovisional application must have at least one claim. The claim or claims may be submitted later in order to receive an earlier filing date.

Nonprovisional applications must also include a cover sheet that identifies it as a nonprovisional application and includes the particulars about the inventors, etc. In addition, they must also include an oath or declaration and a filing fee. However, both the oath/declaration and the filing fee may be submitted later along with a surcharge.

As mentioned previously, claims are also not necessary immediately. Except for design applications, the filing date for nonprovisional applications filed on or after December 18, 2013 is the date the specification with or without claims is received in the office.

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