Each jurisdiction is different in terms of its “first to
disclose”, “first to file” and “first to invent” rules. First to file
and first to invent - Wikipedia
You should file a provisional patent
application as soon as possible (to establish your patent’s priority date) if
you are filing your patent application in the US because USPTO follows a “first
inventor to file” rule. First Inventor
to File (FITF) Resources
I’ll recommend the following
course of action to help you file a provisional patent application as quickly
as possible:
a) Conduct a through prior
art search as soon as possible to make sure that your idea is novel,
non-obvious to others in your field, and has utility in real life.
b) Draft your first independent
claim. Draft any additional independent claims if you’ve more than one.
Don’t waste your time on drafting any dependent claims at this
stage.
c) Focus on writing as many
possible embodiments you can think of for implementing not
only your independent claim(s) that you have drafted but also for all possible
dependent claims (that you’ve not drafted). Refer to 2164-The Enablement Requirement to
guide you in writing your embodiments.
d) While drafting your
embodiments, draw as many diagrams as possible to show your
invention and its implementation. Follow Patent Drawing Rules: Everything You Need to Know.
No need to use any fancy tools for doing your diagrams. Make your drawings by
hand for now to save some time.
e) Provide a brief definition of
any special terms that you are using in your patent claims and embodiments.
f) Draft a paragraph to serve
as abstract. No need to write any paragraphs covering background of
the invention or summary of the invention. Providing a list of prior art is
also not needed at this stage.
You are now ready to file a
provisional patent application. File it without any delay to establish a
priority date. You’ll have a full year to file your non-provisional patent
after this date. During this one year time, also called a “pendency period”,
patent process is pending till you file your non-provisional patent application.
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