I am reviewing a PPA template from Brad Fach's patentfile.org. The PPA section comments include:
*Claims are not required for a provisional application so if you are in a rush for time then please don’t worry about adding them.
**I would actually prefer people to NOT write claims or only include 1 claim. I have seen many applications where people have written pages and pages of claims and this is a waste of your time and could be very risky if not done properly.
If you feel that you must, please only write one or two fairly broad claims that summarize your invention.
What are the claims errors that would jeopardize the patent?
Although you aren't required to include claims in your provisional patent application, patent attorneys disagree over whether you should include include them. Those who oppose including them argue that any calim in a provisional patent application will probably be changed by the time the inventor files a regular patent application. These attorneys are concerned that changing he claims might be considered an amendment of the claims--which might limit the scope of the patent (Fest corp v Shoketsu Kinzoku 2002). Other Attorneys believe that you should include at least one claim in your provisional patent application to protect your rights outside the US.
The template contains a section:
DETAILED DESCRIPTION AND BEST MODE OF IMPLEMENTATION
In this section the author indicates:
insert a detailed description of your invention here. This is the most important section. Once you file your provisional patent application you cannot add to it so make sure you describe your invention in plenty of detail. How does your invention work? What material is it made from? What features or parts does it have? How else could you make your invention?