Since June 8, 1995, the United States brevettent and the office of registered trademark (USPTO) offered to inventors the option to deposit a temporary request for patent. The temporary patent application was conceived to provide a first classification inexpensive of patent to the United States and to give to applicants of the United States the parity with the foreign applicants under the terms of the agreements of cycle of Uruguay GATT.
A temporary patent application is a national request of the United States of patent classified in the USPTO. The temporary patent application lets classify without formal complaint of patent, oath or declaration, or any report/ratio of former art of revelation of information or. It provides the means of early establishing an effective date of classification in a not-temporary request for patent deposited. It also makes it possible the limit with the pending patent to be applied.
A temporary patent application (temporary application) has one period of pendency which will last 12 months of the date the temporary application is classified. The twelve months period of pendency cannot be prolonged. Consequently, an applicant who deposits a temporary request for patent must deposit a corresponding not-temporary request for patent (not-temporary application) during the twelve months period of pendency of the temporary patent application in order to earlier draw benefit from the classification of the temporary patent application.
Once a temporary request for patent is deposited, an alternative to deposit a corresponding not-temporary application is to convert the temporary application into not-temporary application by depositing a request octroyable requiring such a conversion in the 12 months of the date of temporary classification of application.
However, the conversion of a temporary patent application into not-temporary application (against depositing a not-temporary application claiming the advantage of the temporary application) will have an negative impact on the limit of patent. The limit of a patent publishing of a not-temporary application resulting from the conversion of a temporary application will be measured starting from the original date of classification of the temporary application.
By depositing a temporary request for patent initially, and by then depositing a corresponding not-temporary application which puts in reference the temporary patent application during twelve months the temporary period of pendency of patent application, a final point of limit of patent can be prolonged close step less than 12 months.
To be complete, a temporary patent application must also include the fees of classification and a protective sheet container what follows:
* the application like temporary patent;
* names of all the inventors;
* residences of inventor;
* title of the invention;
* name and number of number of the number of agent or agent and register (if it is suitable);
* addresses correspondence; and
* any government organization of the USA which has an interest of property for the application.