Provisional Application For Patent Form PDF Details

Navigating the complexities of securing a patent involves understanding numerous forms and procedures, among which the Provisional Application for Patent form stands out as a pivotal first step for inventors. Officially designated as PTO/SB/16, this form is a formal request under 37 CFR 1.53(c) to file a provisional application, enabling inventors to establish an early filing date. Crucially, this application does not by itself result in a patent but serves as a cost-effective way to begin the patent process. Inventors are required to provide detailed information, including their names, residence, and the title of the invention, alongside a correspondence address for ongoing communications. The form outlines the need to check all applicable enclosures such as an application data sheet, drawings, specifications of the invention, and the necessary fees, which vary based on the entity size—standard, small, or micro. Given the form's significance in the patent acquisition process, applicants must navigate through its requirements with precision and an understanding of its implications, including confidentiality aspects governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. Additionally, inventors need to be cautious about the personal information they include, avoiding anything that could lead to identity theft, as the USPTO cautions against submitting sensitive details. The application comes with a caveat for inventions made under government contracts, requiring specific statements in the provisional cover sheet and later, in the non-provisional application, to comply with federal regulations, highlighting the nuanced requirements involved in safeguarding intellectual property rights efficiently and securely.

QuestionAnswer
Form NameProvisional Application For Patent Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namessb0016 provisional application for patentpdffillercom 2013-2019 form

Form Preview Example

PTO/SB/16 (10-20) Approved for use through 11/30/2020. OMB0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number

PROVISIONAL APPLICATION FOR PATENT COVER SHEET – Page 1 of 2

This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53(c). Priority Mail Express® Label No. ______________________________________________________________

 

 

 

 

INVENTOR(S)

 

 

 

Given Name (first and middle [if any])

 

Family Name or Surname

 

 

 

Residence

 

 

(City and either State or Foreign Country)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional inventors are being named on the __________________ separately numbered sheets attached hereto.

 

 

 

 

 

TITLE OF THE INVENTION (500 characters max):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Direct all correspondence to:

CORRESPONDENCE ADDRESS

 

 

 

The address corresponding to Customer Number:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Firm or

 

 

 

 

 

 

 

 

Individual Name

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State

 

 

 

Zip

 

 

 

 

 

 

 

 

 

 

Country

 

 

Telephone

 

 

 

Email

 

 

 

 

 

 

ENCLOSED APPLICATION PARTS (check all that apply)

 

 

 

 

 

 

 

Application Data Sheet. See 37 CFR 1.76.

 

 

 

CD(s), Number of CDs _________________________________

Drawing(s) Number of Sheets __________________

Other (specify) _______________________________________

Specification (e.g., description of the invention)

Number of Pages __________________

 

 

 

Fees Due: Filing Fee of $300 ($150 for small entity) ($75 for micro entity). If the specification and drawings exceed 100 sheets of paper, an application size fee is also due, which is $420 ($210 for small entity) ($105 for micro entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(1)(G) and 37 CFR 1.16(s).

METHOD OF PAYMENT OF THE FILING FEE AND APPLICATION SIZE FEE FOR THIS PROVISIONAL APPLICATION FOR PATENT

Applicant asserts small entity status. See 37 CFR 1.27.

 

Applicant certifies micro entity status. See 37 CFR 1.29.

 

Applicant must attach form PTO/SB/15A or B or equivalent.

 

A check or money order made payable to the Director of the United States Patent

 

and Trademark Office is enclosed to cover the filing fee and application size fee (if applicable).

TOTAL FEE AMOUNT ($)

Payment by credit card. Form PTO-2038 is attached.

The Director is hereby authorized to charge the filing fee and application size fee (if applicable) or credit any overpayment to Deposit Account Number: __________________.

USE ONLY FOR FILING A PROVISIONAL APPLICATION FOR PATENT

This collection of information is required by 37 CFR 1.51. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 10 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND

TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

PTO/SB/16 (10-20) Approved for use through 11/30/2020. OMB0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number

PROVISIONAL APPLICATION FOR PATENT COVER SHEET – Page 2 of 2

The invention was made by an agency of the United States Government or under a contract with an agency of the United States Government. (NOTE: Providing this information on a provisional cover sheet, such as this Provisional Application for Patent Cover Sheet (Form PTO/SB/16), does not satisfy the requirement of 35 U.S.C. 202(c)(6), which requires that the specification contain a statement specifying that the invention was made with Government support and that the Government has certain rights in the invention.)

No.

Yes, the invention was made by an agency of the U.S. Government. The U.S. Government agency name is:

_____________________________________________________________________________________________________________

Yes, the invention was made under a contract with an agency of the U.S. Government.

The contract number is: _________________________________________________________________________________________

The U.S. Government agency name is: _____________________________________________________________________________

_____________________________________________________________________________________________________________

In accordance with 35 U.S.C. 202(c)(6) and 37 CFR 401.14(f)(4), the specifications of any United States patent applications and any patent issuing thereon covering the invention, including the enclosed provisional application, must state the following:

‘‘This invention was made with government support under [IDENTIFY THE CONTRACT] awarded by [IDENTIFY THE FEDERAL AGENCY]. The government has certain rights in the invention.”

WARNING:

Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a check or credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition or an application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should consider redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance with 37 CFR 1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may also be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly available.

SIGNATURE __________________________________________________________

DATE _________________________

TYPED OR PRINTED NAME ______________________________________________

REGISTRATION NO. ______________

 

(if appropriate)

TELEPHONE __________________________________________ DOCKET NUMBER _______________________________

Privacy Act Statement

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is

35U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which mayresult in termination of proceedings or abandonment of the application or expiration of the patent.

The information provided byyou in this form will be subject to the following routine uses:

1.The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act.

2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counselin the course of settlement negotiations.

3.A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record.

4.A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to complywith the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).

5.A record related to an International Application filed under the Patent Cooperation Treatyin this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

6.A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Securityreview (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).

7.A record from this system of records maybe disclosed, as a routine use, to the Administrator, General Services, or his/her designee, duringan inspection of records conductedbyGSA as part of that agency’s responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (I.E., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

8.A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which becameabandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent.

9.A record from this system of records maybe disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.

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Filling in segment 1 of Provisional Application For Patent Form

2. Given that this segment is completed, you'll want to put in the needed specifics in Firm or Individual Name, Address, City, Country, State, Telephone, Zip, Email, Application Data Sheet See CFR, CDs Number of CDs, ENCLOSED APPLICATION PARTS check, Drawings Number of Sheets, Other specify, Specification eg description of, and Fees Due Filing Fee of for small so you can move on further.

Drawings Number of Sheets, State, and Application Data Sheet See  CFR of Provisional Application For Patent Form

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3. In this particular step, examine The invention was made by an, Yes the invention was made by an, Yes the invention was made under a, The contract number is, The US Government agency name is, In accordance with USC c and CFR, patent issuing thereon covering, This invention was made with, WARNING, and Petitionerapplicant is cautioned. These should be completed with highest precision.

Provisional Application For Patent Form completion process outlined (portion 3)

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Completing part 4 of Provisional Application For Patent Form

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