A Non Provisional Utility Patent Application is the main application that represents your invention. This is the application that goes to the USPTO for examination and decides whether or not you’ll get a grant.
You should file a non provisional utility patent application when your invention is complete in a holistic sense. This application will enlist every single detail about your invention in a precise manner. Right from its foundational components to its functionality and applicability, everything needs to have an accurate representation.
So what are its requirements? When is the best time to file it? We’ll answer questions like these below.
Related Article: How to Obtain Utility Patents?
Non Provisional Utility Patent Application: Requirements
A non provisional utility patent application must be complete in all senses. The more elaborate your description, the better your chances are of registering a patent. The inclusion of drawings is absolutely necessary and the claims need to be highly specific.
You must ensure that you clearly state the components of your invention, what its applicability is, and what its future scope is. This will ensure that your IP rightsare secure and safe.
Let’s talk about precisely what you need to focus on.
Title of the application
This is the most basic and fundamental component of your application.
Cross-Reference to related applications
In case you file a provisional application first, you should refer to it. Also, if you are filing a divisional application then you must refer to the parent application.
Background of the invention
You need to provide information about the background of the invention and its domain. This is important because it explains what exactly the intention of creating the invention is.
Summary of the invention
You must provide a summary of the invention to further give information about the invention. This will strengthen your chances of acquiring the patent.
Brief Description of the drawing(s)
Your invention must contain patent drawings to give a pictorial representation of the invention. You must also provide a brief description of them so that the examiner can have a quick understanding of each patent drawing.
Elaborate description of the drawings
This will provide the examiner with a proper understanding of what each drawing represents. It must give a proper description of every component of every drawing.
This is the heartbeat of the patent application. You decide the applicability and domain coverage through the claims. Hence, it is paramount to draft elaborate and comprehensive claims.
Related Article: How to Write a Patent Claim?
Abstract and Drawing(s)
- An abstract of the invention is another basic necessity which explains the purpose of the invention. Do not confuse it with the background or the summary. The abstract acts as a prologue to the patent application.
- The drawings, as we mentioned earlier, play a key role in the application. Each patent drawing must represent a view/ functionality of the invention.
Related Article: Patent Drawings: Key Points to Remember
The non provisional utility patent application draft needs to follow this order. However, it’s advisable to start off with drafting the claims section first as that is the most important part of the patent. It forms the basis for the rest of the application. Writing the claims will also pave the path for your drawings because you’ll be sure to cover the relevant areas. We’ll further see how to write the important sections of the applications.
Related Article: Patent Drafting: A guide for beginners.
Non Provisional Utility Patent Application: When to File?
Basically, you can file this application when your invention is complete. That is, it is out of the development phase and is ready for industrial use. So, you can file it in 2 situations:
- Directly file the application after completing the invention.
- Within 12 months of filing a provisional application. You can file a provisional application in case your invention is in the development phase. However, you must file the non provisional utility patent application within 12 months. This is crucial in order to claim priority status of the provisional application.
Related Article: Patent Filing Process in 3 easy steps
Need help with the Non Provisional Utility Patent Application ?
As we mentioned earlier, patent drawings carry a lot of weight in a non provisional utility patent application. They can prove to be the difference makers when it comes to the examination of the application.
However, making your own drawings can be a tedious task. There are a lot of guidelines that you need to adhere to. The scope for mistakes is almost negligible.
If you need a patent illustrator, PatSketch is at your service. We have the expertise and widest range of software/technologies to cater to any and every output format that exists. Our motto is 100% satisfaction of our customers. We offer timely solutions and are willing to make any number of iterations to meet your specific requirements. Our affordable prices ensure that we don’t bore a hole in your pocket.
To make an inquiry, visit PatSketch Services.