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all applications led on or after January 1, 1996 However, a date of invention may not be established in a WTO member country (other than the United States, Canada, or Mexico) that is earlier than January 1, 1996, except as provided by statute (35 USC 119 and 365) Thus, companies or individuals engaging in research in foreign countries may rely on that activity in an interference Preparing the Patent Application A recommended rst step in preparing an application is to evaluate the prior art and its relation to the invention for which patent protection is to be sought, utilizing the obviousness guidelines of the Supreme Court noted above The most comprehensive source of prior art is the search room at the PTO in Arlington, Virginia, where over 4 million patents and publications available to the public and are broken down into thousands of classes and subclasses to facilitate a search Less comprehensive compilations of US patents can also be found in the libraries of many large cities Copies of US patents can be obtained from these libraries or directly from the PTO Search results should be evaluated by a competent patent attorney or agent who can advise whether the invention is patentable over the prior art uncovered and who can also focus on the differences between the invention and prior art when preparing a patent application covering the invention If the invention, after careful evaluation, is considered to be patentable, the next step is identi cation of the proper inventors In the United States, patent applications are led in the name of the individual(s) who contributed to all or part of the invention rather than the legal owner of the invention or application, eg, the inventor s employer Where two or more persons contributed to all or part of the invention (a joint invention), the respective efforts of these persons must have been made in collaboration with each other and the invention must be the product of their aggregate efforts The patent application comprises four essential parts: the speci cation or detailed description of the invention; claims, particularly pointing out the features which the inventor considers to be his or her invention; a drawing illustrating the invention, where applicable; and an oath or declaration of the inventor(s) stating a belief that he or she believes himself or herself to be the original and rst inventor of the invention claimed in the application (35 USC 111 l15) In addition to the standard patent application, applicants may elect to le a provisional application A provisional application only requires the ling of a speci cation complying with 35 USC 112, paragraph 1, and drawings where necessary for the understanding of the invention The application must be made in the name of the inventors, include the appropriate ling fee and a suitable cover sheet A provisional application does not require any claims, nor does it require an oath or declaration A provisional application is not examined by the PTO, cannot claim priority of an earlier application, and cannot issue as a patent In addition, provisional applications will automatically become abandoned 12 months after ling and can become abandoned prior to the expiration of that 12-month-period for failure to respond to a PTO requirement or to pay a required fee A provisional application may be revived, but its pendency cannot extend beyond 12 months from its ling date The provisional application is a form of domestic priority system which provides a quick and inexpensive method to establish an early effective ling date which establishes a constructive reduction to practice for any invention described in the application However, this priority is only effective provided a suitable nonprovisional application is led prior to the expiration of the provisional application
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