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www.FortressPATENTSMobile.comRalphRalph W. Oakeson, PhD, MBA

USPTO Registrant - 72,700

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(1) AUTHORIZATION.—A provisional application for patent

shall be made or authorized to be made by the

inventor, except as otherwise provided in this title, in

writing to the Director. Such application shall include—

(3) FEE.—(A) The application must be accompanied by the

fee required by law.

(2) CLAIM.—A claim, as required by the second through fifth

paragraphs of section 112, shall not be required (but

allowed and suggested) in a provisional application.

(b) PROVISIONAL APPLICATION

(B) a drawing as prescribed by section 113 of this title.

(A) a specification as prescribed by the first paragraph

of section 112 of this title; and

Full Simpler

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(No Review + Filing Fee Only = No Rights + Simple Fee)

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(1) COVER SHEET identifying:

(i) The application as a provisional application,

(ii) The name of inventors,

(iii) Inventor residences,

(iv) Invention title,

(v) Attorney / Agent name (if applicable),

(vi) Docket number (if used),

(vii) Correspondence address, and

(viii) Any U.S. government connection (funds, etc.);

(3) DRAWINGS, when necessary, see C.F.R. 37 § 1.81 to 1.85

(2) SPECIFICATION as prescribed by the first paragraph of 35

U.S.C. 112 and C.F.R. 37 § 1.71

The Application; General Requisites Of An Application Full Simpler

(4) The prescribed FILING FEE and application size fee, C.F.R.

37 § 1.16 (the “size fee” means Provisionals can be long).

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Cover Sheet(C.F.R. 37 §1.51)

Drawings(Full Rule – C.F.R. 37 §1.81 to 1.85)

Specification(Full Law - 35 U.S.C. 112, see § 1.71)

Full Law Simplified

Fee (Person/Small Business $130 andNew Inventor $65) (35 U.S.C. §111(b))

Claims (Optional / Suggest)(Full Law - 35 U.S.C 111(b)(2))

Full Law Simplified

Provisional Elements

LegalProvisional Application

Mythical“Provisional

Patent”

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Nothing Left To Others To Patent

No Lost Invention Features

Invention Lost Invention Features Left To Others To Patent

Improper “Provisional Patent”

ProperProvisional Application

Invention

Invention Not Fully Disclosed

• Too Few Drawings• Description Too Simple• Too Little Description

• Drawings Too Simple

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• No Claims

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“Patent Pending” only applies to what is adequately disclosed.“… a reasonable royalty shall not be available under this subsection unless the invention

as claimed in the patent is substantially identical to the invention as claimed in the

published patent application (35 U.S.C. § 154(d)(3).”

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“… if no such request is made, the provisional application shall be regarded as

abandoned 12 months after the filing date … (35 U.S.C. 111(b)(5).”

As the USPTO does not review the provisional it CANNOT grant patent rights.“… provisional applications for patent shall not be subject to sections 115, 131 (not

examined), 135, and 157 of this title (35 U.S.C. 111(b)(8)).

“A ‘provisional application for patent’ shall be made or authorized to be made by the

inventor, … 35 U.S.C. 111(b) PROVISIONAL APPLICATION—(1) AUTHORIZATION

(Dangers of calling the Provisional Application a “Provisional Patent” is discussed later.)

ABANDONED In 12 Months – IF NOT Converted / Claimed To A Patent

“Patent Pending” Markings ALLOWED With Provisionals

NOT Examined / NO Patent Rights Granted

NO “Provisional Patent” ONLY A Provisional Application

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$99, $199, $299, and $499Scam Alert – At these prices a $150 an hour patent professional can only

spend 1 – 2 hours of a professionals time. So you get the $25 an hour

assistant. Either way can a professional write, draw, complete the

application, and file your invention patent in 2 – 5 hours and do a good job?

Hours to DaysScam Alert – Can non-inventor fully understand your invention in one

hour or from a sketch and in another 24 hours write a patent application to

cover all the unique aspects of the patent, capture the more valuable

inventive concept, and file the application, and do the invention justice?

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True – IF invention features are properly captured and disclosed.

7/10

$99, $199, $299, and $499Scam Alert – At these prices a $150 an hour patent professional can only

spend 1 – 2 hours of a professionals time. So you get the $25 an hour

assistant. Either way can a professional write, draw, complete the

application, and file your invention patent in 2 – 5 hours and do a good job?

Hours to DaysScam Alert – Can non-inventor fully understand your invention in one

hour or from a sketch and in another 24 hours write a patent application to

cover all the unique aspects of the patent, capture the more valuable

inventive concept, and file the application, and do the invention justice?

www.FortressPATENTSMobile.com

True – IF invention features are properly captured and disclosed.

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Patent Attorney KW Umpleby

"I like to call a ‘Provisional Patent’ Application the

sole inventor's accidental idea-suicide application”

“The start-ups shortcut to dedicating [donating] good

ideas to the public while still paying big legal fees.“

Patent Attorney KW Umpleby

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Ralph

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Ralph W. Oakeson, PhD, MBA

USPTO No. - 72,700