Application preparation

Once the lawyer advises that he has everything he needs to prepare the application, preparation and filing of the application will likely proceed through three distinct phases: (1) preparation of any drawings that may be included in the application (which may involve engaging a draftsman skilled in drafting practice and standards before the U.S. Patent and Trademark Office); (2) preparation of the text associated with the application (the text written in such a manner as to walk the reader through the myriad critical features depicted in the drawings); and (3) preparation of the final formal filing papers (some of which will require a client signature) that accompany the body text and drawings portions of the application.

Comment regarding provisional patent applications: It is worth noting that the general steps described above will be followed regardless of whether your patent application filing is a provisional   patent application (i.e., a patent application recognized by the U.S. Patent and Trademark Office that features certain informalities and a reduced fee) or a non-provisional patent application (a regular patent application featuring substantial adherence to all formalities and the full fee).  Why?  Because, even in the case of a provisional patent application, you only get inventive credit for the material you adequately describe in your patent application.

Thus, when evaluating the nature of the filing you and your patent attorney will be putting into place, the better question to be addressed is not provisional v. non-provisional but, rather, precisely how much effort and time the two of you expect to invest into the description of the invention you would like to patent.  Talk to your patent attorney to learn more; he or she can readily advise you as to whether to file a provisional or non-provisional patent application and approximately how much time and effort should be required to get you the protection you desire.