PROVISIONAL PATENT APPLICATION
(United States Patent and Trademark Office – 35 U.S.C. § 111(b))
[// GUIDANCE:
• This template is designed for a U.S. provisional patent application filing.
• Bracketed items must be completed or revised by counsel prior to filing.
• Ensure all attachments (drawings, sequence listings, computer program listings) meet USPTO format requirements.
• File electronically via EFS-Web/Patent Center and pay the appropriate filing fee on the filing date to secure the priority date.
]
TABLE OF CONTENTS
- Document Header
- Definitions
- Application Data Sheet / Cover Sheet
- Specification
4.1 Cross-Reference to Related Applications
4.2 Statement Regarding Federally Sponsored Research or Development
4.3 Names of the Parties to a Joint Research Agreement
4.4 Background of the Invention
4.5 Field of the Invention
4.6 Description of Related Art
4.7 Summary of the Invention
4.8 Brief Description of the Drawings
4.9 Detailed Description of the Embodiments
4.10 Example(s) (if any)
4.11 Optional Appendix (Sequence Listing / Program Listing) - Optional Claims (Not Required for Provisional)
- Abstract of the Disclosure
- Inventor Declaration(s) (37 C.F.R. § 1.63)
- Assignment(s) (if applicable)
- Drawings
- Execution Block
1. DOCUMENT HEADER
Title of Invention:
“[TITLE OF THE INVENTION]”
Applicants / Assignee:
[NAME OF LEGAL ENTITY] (if any)
Inventor(s):
1. [INVENTOR #1 – full legal name, residence]
2. [INVENTOR #2 – full legal name, residence]
…
Correspondence Address:
[LAW FIRM / INDIVIDUAL], Attn: [ATTORNEY/AGENT NAME]
[STREET] – [CITY], [STATE] [ZIP] – USA
Tel: [●] Email: [●]
Attorney Docket No.: [●]
USPTO Customer No.: [●]
EFS Confirmation No.: [System-generated upon filing]
Filing Fee Transmittal: [PROV-APP FILING FEE AMOUNT]
Effective Filing Date: [MM/DD/YYYY] (date documents, fee, and cover sheet/ADS received by USPTO)
Jurisdiction & Governing Law:
This Application is governed exclusively by Title 35 of the United States Code (“federal patent law”). Any dispute relating to inventorship, entitlement to file, or ownership shall be brought exclusively in the United States federal courts. Nothing herein waives the constitutional right to a jury trial, and injunctive relief for patent enforcement remains fully available.
2. DEFINITIONS
For purposes of this Application:
“Applicant” means the natural person(s) or legal entity identified on the Application Data Sheet who has the right to file this provisional patent application.
“Application” means this Provisional Patent Application under 35 U.S.C. § 111(b), including all specifications, drawings, appendices, and any later-filed related papers.
“Effective Filing Date” has the meaning given in 35 U.S.C. § 100(i) and is the date on which the USPTO receives (i) a specification compliant with 35 U.S.C. § 112(a), (ii) any required drawings under 35 U.S.C. § 113, (iii) a cover sheet or ADS meeting 37 C.F.R. § 1.51(c)(1)-(2), and (iv) the requisite filing fee.
“Invention” means the subject matter described and enabled in Section 4 (Specification) herein.
“Priority Term” means the twelve-month period beginning on the Effective Filing Date during which a non-provisional, PCT, or foreign application may claim priority to this Application under 35 U.S.C. §§ 119(e) and 365(c).
3. APPLICATION DATA SHEET (ADS) / COVER SHEET
[// GUIDANCE: An ADS is mandatory for provisional applications filed on or after 09-16-2012. Populate each data field exactly as it will appear in USPTO records.]
• Title of Invention: [TITLE]
• Applicant Information: [Complete USPTO-formatted attachments]
• Inventor Information: [Complete USPTO-formatted attachments]
• Correspondence Information: [Complete]
• Domestic Benefit/National Stage Information: [N/A for initial provisional unless claiming benefit of earlier U.S. provisional]
• Foreign Priority Information: [If any]
• Statement Regarding Federally Sponsored R&D: [Yes/No]
• Attachments: [Filing Fee Transmittal, PTO/SB/17 Provisional Cover Sheet (if used instead of ADS), drawings, appendix]
4. SPECIFICATION
(Complies with 35 U.S.C. § 112(a) and 37 C.F.R. § 1.71)
4.1 Cross-Reference to Related Applications
[This application claims the benefit of U.S. Provisional Patent Application No. [●], filed [MM/DD/YYYY], the entire disclosure of which is incorporated herein by reference.]
[If none, state “None.”]
4.2 Statement Regarding Federally Sponsored Research or Development
[This invention was made with U.S. Government support under Contract No. [●] awarded by [FEDERAL AGENCY]. The Government has certain rights in the invention pursuant to 35 U.S.C. § 202.]
[If not applicable, state “Not applicable.”]
4.3 Names of the Parties to a Joint Research Agreement
[Identify any Joint Research Agreement and parties, if applicable under 35 U.S.C. § 103(c)(2)(C).]
[If none, state “None.”]
4.4 Background of the Invention
4.4.1 Field of the Invention
[Provide a concise statement of the technical field.]
4.4.2 Description of Related Art
[Discuss prior art references or conventional technology relevant to understanding the improvements provided by the Invention.]
4.5 Summary of the Invention
[Summarize the essence of the Invention, its objectives, and how it differs from prior art.]
4.6 Brief Description of the Drawings
Fig. 1 is a schematic view of [●].
Fig. 2 is a flow diagram illustrating [●].
…
4.7 Detailed Description of the Embodiments
[Provide a full, enabling disclosure of the best mode contemplated by the inventor(s), including reference numerals for each element appearing in the drawings. Use paragraph numbers for ease of later amendment (e.g., [0001]-[000n]).]
4.8 Example(s)
[Insert experimental or illustrative examples demonstrating the operation or manufacture of the Invention. Mark proprietary test data as “Example #”.]
4.9 Optional Appendix
[Include sequence listings (if any) in XML per 37 C.F.R. § 1.831, computer program listings, or large tables. State: “A single compact disc containing [●] is provided as Appendix A and forms part of this disclosure.”]
5. OPTIONAL CLAIMS (NOT REQUIRED)
[// GUIDANCE: Claims are not required for a provisional application. However, including at least one broad, representative claim may improve later support under 35 U.S.C. § 112. If electing to add claims, format per 37 C.F.R. § 1.75 and attach sheet PTO-SB/06.]
- A method of …
- The method of claim 1, wherein …
6. ABSTRACT OF THE DISCLOSURE (37 C.F.R. § 1.72(b))
[150 words or fewer summarizing the disclosure. Avoid legal terminology, focus on technical essence.]
7. INVENTOR DECLARATION(S) (37 C.F.R. § 1.63)
Each undersigned inventor hereby declares under penalty of perjury that:
(a) He/She believes himself/herself to be the original inventor or an original joint inventor of the subject matter described and claimed (if claims are present) in the accompanying specification;
(b) The specification (including amendments, if any) was reviewed and understood;
(c) He/She acknowledges the duty to disclose information material to patentability as defined in 37 C.F.R. § 1.56; and
(d) Authorization is given to file and grant any future continuation, divisional, or foreign applications claiming priority to this Application as deemed appropriate.
____ ____
[INVENTOR #1 NAME] Date
____ ____
[INVENTOR #2 NAME] Date
[// GUIDANCE: Use USPTO form PTO/AIA/01 or equivalent declaration form; attach additional sheets as needed.]
8. ASSIGNMENT(S) (IF APPLICABLE)
[Insert short-form assignment from each inventor to Applicant/Assignee:
“FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned hereby assigns to [ASSIGNEE] its entire right, title, and interest in and to the invention described in the attached Provisional Patent Application entitled ‘[TITLE]’, and to any and all applications and patents claiming priority thereto, including all divisions, continuations, continuations-in-part, reissues, and foreign counterparts.”]
[// GUIDANCE: Record executed assignments via USPTO Electronic Assignment System (EAS) within the priority year whenever possible.]
9. DRAWINGS
[Attach each drawing sheet in PDF format, black-ink line drawings, margins per 37 C.F.R. § 1.84(f), with reference numerals matched to the Detailed Description. Each sheet must be consecutively numbered in the top middle: “Sheet 1/ n”, “FIG. 1”, etc.]
10. EXECUTION BLOCK
By signing below, the undersigned certifies that (i) he or she has reviewed the complete Application, (ii) the information provided herein is true and correct to the best of his or her knowledge, and (iii) this Application is filed in compliance with 35 U.S.C. § 111(b) and all applicable USPTO regulations.
Executed on this _ day of __, 20____.
[AUTHORIZED REPRESENTATIVE / ATTORNEY NAME]
Reg. No. [USPTO BAR NO.]
[Signature]
GOVERNING LAW; DISPUTE RESOLUTION
This Application, and any dispute arising hereunder, shall be construed in accordance with the patent laws of the United States (Title 35, U.S. Code). Venue for any such dispute shall lie exclusively in the United States federal courts. Each party reserves the right to seek injunctive relief to prevent unauthorized use or disclosure of the Invention and expressly preserves all constitutional rights, including the right to a trial by jury.
[// GUIDANCE:
• File non-provisional, PCT, and/or foreign applications claiming priority to this provisional within 12 months (or 6 months in limited design contexts).
• Maintain meticulous invention notebooks and corroborating evidence to support the Effective Filing Date.
• Monitor statutory bars (public disclosures, offers for sale, etc.) in all relevant jurisdictions.
]