Why review the provisional patent application?

Provisional patent applications can not be amended after filing.  If you omit a component or step in the  description of the invention or fail to show the component or step in the drawings,  or if you make a mistake in the application, your only recourse is to file a second provisional patent application adding the omitted or corrected material.  Unfortunately, the USPTO rules do not allow you to claim the original filing date of the first provisional patent application. In some cases, maintaining the filing date of the first provisional patent  is critical. To prevent these errors, most patent attorneys and agents have a colleague review their patent applications before they are filed.  If you are filing you own patent application, we  recommend you have  a patent attorney or agent to review and critique your provisional patent application before you file it.

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Why do I need assistance in editing a patent application?

When you submit a manual script of a book to a publisher, hundreds of hours may be spent reviewing and editing the manual script.  We believe a similar method should be used with filing patent applications. 

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Most patent offices have strict rules on how to make changes to different sections of a utility or design patent application.  If theses rules are not followed, the changes will not be entered into the record and considered.    In an Office Action, the  Examiner often requires changes be made to different sections of the  application.  The Amendment you file in response to the Office Action must be responsive to the Examiner's request.  If the changes made in the Amendment are not allowed by the rules, the Amendment may be deemed unresponsive and result in the application being abandoned. 

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Why do I need to use a Filing Service?

You don't need to use a filing service. You can file the application yourself.. You can either file the application by U.S.Postal Service, by fax, or via EFS offered by the USPTO. A fling service may be helpful however, because such a service knows what forms must be submitted with the patent application and how to complete them.  If the application is not filed with the correct form or if the forms are not completed correctly, the application may not be accepted by the USPTO. 

 

The easiest way to file a patent application is by using EFS offered by the USPTO.  When you use EFS,you receive an electronic receipt immediately after submission. Also, you can review the submitted documents on private PAIR.  Unfortunately, signing up for EFS can be confusing. 

 

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Contact our Patent Navigator at info@file1st.com or (887) 227-1565 if you have questions or need assistance.