Should I include a specific screenshot of my software in my provisional patent application?

It is good to have a mix of general and specific details in a patent application. The general details help provide breadth to the patent protection and the specific details help give us content to satisfy the novelty and nonobviousness requirements.

In a provisional patent application, specific details are somewhat more important because a provisional patent application’s primary role is to establish priority for the concepts described in it. To rely on that priority in the future for a given detail, e.g., in a nonprovisional patent application, we need to have the specific detail expressly described in the provisional patent application.

In the nonprovisional patent application, we will have a set of 20 patent claims that start broad and get more specific. The Patent Office will determine how broadly we can claim your system and still describe a system that is novel and more than an obvious variation of existing systems. The claims define what your patent covers – the specification and drawings will almost always be more specific than what we later claim in a nonprovisional patent application. There is solid case law stating that patents are not to be limited to the specific examples shown in the figures or described in the specification.

This entry was posted in Patents and tagged . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s