The non-provisional patent application is the formal filing of the invention with the USPTO.
Successful inventions are those that:
- Meet the legal definition of an invention -- new, useful and non-obvious;
- Include sufficient details, or are "successfully enabled," such that anyone in the field can recreate the invention; and
- Contain content that is not far removed from that in the provisional application. Those that vary greatly will be given a new, later priority date.
Parts of a non-provisional patent application
Details are captured in the following format:
The claims, which define the boundaries of patent protection, are the application's most important component. Attorneys will break the invention into one or more claims; breaking the invention into individual elements allows them to protect part of an invention if the technology as a whole cannot be patented.
Inventor's role in the application
Inventor involvement in the patent process varies according to the technology and the inventors involved. However, many inventors are commonly involved in the following ways:
- Help in differentiating your invention from existing prior art: If INVO and outside counsel discover prior art that looks similar to the invention at hand, you are the most qualified to explain how your invention differs; and
- Patent application review: As INVO and its outside counsel write the non-provisional patent application, you will have an opportunity to review and suggest revisions.
After filing the application
After the application is filed, the 20-year patent life begins. A USPTO examiner is assigned to the application. He or she will communicate with INVO through an "office actions" that might reject or allow your claims. Learn more about these actions.