Online provisional patent applications are explained in this blog.
What should the name of the inventor be in a provisional application?
The inventor is the one who creates at least one claim (i.e., completes the mental embodiment). An inventor does not simply apply an inventive idea (without contributing any conceptual insight). Not all authors of academic papers are inventors.
Ownership of inventions: who owns them?
Although patent rights are the property of the inventor, according to U.S. law, most inventors are required to assign their patent rights to their employers due to contractual obligations or intellectual property policies.
Further, contractors and collaborators may have to assign their patent rights if they are engaged elsewhere.
Two parties can have an undivided interest in a provisional application if their inventors must assign their rights to one another.
Patent claims provide information about who invented (and owned) an invention in provisional applications.
After filing your provisional application, you should receive inventor assignments. As a result, the assignee can claim priority over provisional applications, grant licenses, etc., and eliminate potential ownership uncertainties during diligence and litigation.
What is the country of origin of the invention?
Prior to filing a U.S. provisional application, a foreign filing license may be required. Nonprovisional U.S. applications may be filed first by other countries to claim priority over foreign applications.
It is possible for another entity to own a patent if it was invented elsewhere (e.g., if it provides facilities or services to the inventor(s).).
Ownership and control disputes may be reduced by an agreement between an inventor and another organization.
My application is provisional. Would you mind telling me when I need to “convert” it?
To convert a provisional application into a nonprovisional application, a nonprovisional application and/or foreign patent application must be filed within one year of the filing of the provisional application. It is possible to file a nonprovisional or foreign application after the filing date of the provisional application. The examination process and patent term will be accelerated if the nonprovisional or foreign application is approved.
Can a provisional application be filed more than once for the same invention?
A provisional application can be filed as many times during the first year of its “life span.”
During an ongoing project, provisional applications represent incremental progress or milestones. By doing so, every advance receives a priority date as soon as possible. Utilizing the concept disclosed in these multiple provisional applications, patent applications can be filed that claim priority to each provisional application before the expiration of the first provisional application.