[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-650086-105":3,"detail-sidebar-cat-0-en-105":81,"doc-detail-650086-en":130},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","drafting-a-patent-application-patrick-d-kelly","Drafting a Patent Application - Patrick D. Kelly","","Guidance for inventors on drafting patent applications and collaborating effectively with a patent attorney. Explains why inventors may want to prepare first drafts themselves, and what information organization and quality expectations matter. Provides a detailed comparison between provisional and utility (non-provisional) applications, including filing requirements, legal effects, priority dates, and the practical value of provisional filings for protecting ideas before full development.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & Report",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/document/drafting-a-patent-application-patrick-d-kelly/650086/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/drafting-a-patent-application-patrick-d-kelly/650086.png","ImageObject",300,407,{"name":42,"@type":43},"Rowan","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-30","2026-10-24",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",5,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69],{"name":60,"@type":61,"acceptedAnswer":62},"What does the article say about why inventors should understand the patent-drafting process?","Question",{"text":63,"@type":64},"It argues that inventors benefit when they know what to expect from a patent attorney, how information should be organized, and how to judge good versus poor work.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"What is a provisional patent application, and what is its key legal effect?",{"text":68,"@type":64},"It lets an inventor file a detailed summary (drawings, graphs, and photos as desired) without required claims. Its main effect is providing a priority filing date for a later utility application filed within one year.",{"name":70,"@type":61,"acceptedAnswer":71},"How do utility patent applications differ from provisional applications in defining the invention?",{"text":72,"@type":64},"Utility applications require claims that define the invention’s boundaries and the protectable property. Provisional applications do not require claims, and the article discusses practice regarding whether claims should be included.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},650086,1792856687,{"code":4,"msg":82,"data":83},"success",[84,88,92,96,100,105,110,114,119,122,126],{"id":22,"doc_module":4,"doc_module_name":25,"category_name":85,"show_sort_weight":86,"slug":87},"Story & Novel",90,"story-novel",{"id":26,"doc_module":4,"doc_module_name":25,"category_name":89,"show_sort_weight":90,"slug":91},"Literature",80,"literature",{"id":33,"doc_module":4,"doc_module_name":25,"category_name":93,"show_sort_weight":94,"slug":95},"Exam",70,"exam",{"id":55,"doc_module":4,"doc_module_name":25,"category_name":97,"show_sort_weight":98,"slug":99},"Comic",60,"comic",{"id":101,"doc_module":4,"doc_module_name":25,"category_name":102,"show_sort_weight":103,"slug":104},6,"Technology",50,"technology",{"id":106,"doc_module":4,"doc_module_name":25,"category_name":107,"show_sort_weight":108,"slug":109},7,"Healthcare",40,"healthcare",{"id":111,"doc_module":4,"doc_module_name":25,"category_name":29,"show_sort_weight":112,"slug":113},8,30,"research-report",{"id":115,"doc_module":4,"doc_module_name":25,"category_name":116,"show_sort_weight":117,"slug":118},9,"Religion & Spirituality",20,"religion-spirituality",{"id":117,"doc_module":4,"doc_module_name":25,"category_name":120,"show_sort_weight":117,"slug":121},"World Cup","world-cup",{"id":123,"doc_module":4,"doc_module_name":25,"category_name":124,"show_sort_weight":123,"slug":125},10,"Lifestyle","lifestyle",{"id":127,"doc_module":4,"doc_module_name":25,"category_name":128,"show_sort_weight":55,"slug":129},19,"General","general",{"code":4,"msg":82,"data":131},{"doc_id":79,"user_id":132,"nickname":42,"user_avatar":133,"doc_module":4,"category_id":111,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":106,"language":139,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":12,"update_tm":143,"read_time":144},1099514067415,"https://ap-avatar.wpscdn.com/avatar/100002539d78ffe74a7?x-image-process=image/resize,m_fixed,w_180,h_180&k=1779092875211072502","Drafting a Patent Application  \nby Patrick D. Kelly, Texas Alpha ’74  \nt  \nHIS ARTICLE IS FOR INVENTORS who want to be actively involved in drafting patent applications on their inventions. Most inventors want to make sure they’re still a full partner on the team when a patent attorney takes over and starts writ-  \ning the application. Some inventors go beyond that and want to write either or both of the following: (i) a “provisional”patent application, as discussed below; and/or, (ii) the first draft of a “utility” patent application.  \nRegardless of whether an inventor writes a complete first draft or hands that task over to a patent attorney, any inventor can benefit greatly if he/she knows what to expectfrom a patent attorney, how the information should be organized, what the specific goals are, and how to tell good work from not-so-good work. The goal of this article is to share that information with inventors, so they can work smoothly, quickly, and effectively with a patent attorney, regardless of how the roles of inventor and attorney are adjusted and balanced, once they begin working together.  \nPROVISIONAL VS. UTILILTY  \nAPPLICATIONS  \nIn 1995, Congress created a brand new typeof“provisional”patent application, which had never before existed in the U.S. (the closest equivalents were so-called “petty patents”in Germany and certain other countries, with easier legal standards and shorter patent terms) . Congress was tired of inventors, companies, and courts arguing over documents that were created by the non-patent approach to patenting (“Write it up, have it notarized, and mail it to yourself in a sealed envelope”), so it created a “halfway” approach with formal legal standing.  \nUnder the new “provisional” system, an inventor can write up a summary of his idea in as much detail as desired, with drawings, graphs, flowcharts, and even black-andwhite or color photographs. If test data is available, it can be discussed; if not, it’s not mandatory. Claims are not even required. Then, the inventor files that summary, with a check for $75, and a cover sheet, which can be downloaded from the Patent Office website (goto [http://www.uspto.gov](http://www.uspto.gov), then click the “forms” button, then look for PTO/SB/16; it will appear as an Adobe Acrobat file, which can be opened and printed using “Acrobat Reader” software that can be [downloaded for free from www.adobe.com](downloaded for free from www.adobe.com)) .  \nThe provisional application is given an official serial number (which will begin with “60/”, such as 60/123,456) and a filing date by the Patent Office. It is then filed away. It is never examined by anyone. The Patent Office simply does not care how good or bad it is.  \nInstead, its only legal effect is this: if the same inventor files an expanded and improved “utility” application (with  \nclaims) within 1 year after the filing date of the provisional, and if the utility application states the number and claims the “priority date”(i.e., the filing date) of the provisional application, then the Patent Office will print that “priority claim” in the final issued U.S. patent, after the utility application has been examined and allowed.  \nTherefore, a provisional application gives an inventor a potentially important level of protection, when he/she begins discussing his/her invention with potential investors, manufacturers, or other people or companies. No matter what the “listener” might do next, he/she cannot file a new patent application and get a “back-dated” filing date from the Patent Office.  \nBy this point, it should be clear that an inventor should write a provisional application as clearly, strongly, and broadly as possible. If written skillfully, a provisional application can become: (i) a well-written summary and explanation that can help get a company interested in an idea that hasn’t yet been fully developed; (ii) a good way to legally notify a company that an inventor is indeed taking steps to protec","cbCaicH7osyyE3mk","https://ap.wps.com/l/cbCaicH7osyyE3mk","pdf",414484,"English","# Provisional vs. Utility Applications\n## Purpose and inventor involvement\n## Provisional application requirements and legal effect\n## Utility application claims and priority date\n## Practical guidance on drafting and timing","[{\"question\":\"What does the article say about why inventors should understand the patent-drafting process?\",\"answer\":\"It argues that inventors benefit when they know what to expect from a patent attorney, how information should be organized, and how to judge good versus poor work.\"},{\"question\":\"What is a provisional patent application, and what is its key legal effect?\",\"answer\":\"It lets an inventor file a detailed summary (drawings, graphs, and photos as desired) without required claims. Its main effect is providing a priority filing date for a later utility application filed within one year.\"},{\"question\":\"How do utility patent applications differ from provisional applications in defining the invention?\",\"answer\":\"Utility applications require claims that define the invention’s boundaries and the protectable property. Provisional applications do not require claims, and the article discusses practice regarding whether claims should be included.\"}]","Drafting a Patent Application - Patrick D. Kelly | PDF",1792816380,18]