You should take legal action to protect your invention if you wish to protect it. Provisional patent applications are needed here. During the registration process, you will have many questions. Read the blog here to find out more about online provisional patent application.
There are several reasons why you might want to file a provisional application:
In the Patent Office, set the date of your filing
Upon the change to “First Inventor to File” on March 16, 2013, filing as soon as possible will become more important than under the previous “First to Invent” system. When your invention has been sufficiently detailed so that you can explain it in fairly comprehensive terms, your written disclosure should be filed as a provisional application. A utility application must be filed within one year of that date. You can file one or more additional provisional applications during the year if the invention develops sufficiently to be patentable, then combine all provisional applications into your final utility application.
Lack of Time
When publishing or selling on such a short deadline that a formal application cannot be prepared, the entire publication should be submitted as a provisional application. If additional material is added later, the publication will still be predated by the provisional filing date even if additional material is later added. PTO examiners, however, maintain that certain highly technical disclosures, such as those related to genetic engineering and biotechnology, may nevertheless be enabling as publications in some highly technical areas. A provisional application may not provide the benefits one would expect prior to publication. It would be best if a formal application was filed before publication!)
Time to study the market
It is relatively inexpensive to obtain a Provisional Application while your attorney and you evaluate your invention. If you do not include any material in the provisional application, you cannot qualify for the earlier filing date based on the results of your search. In spite of the fact that it isn’t formally acceptable, you should fill out your provisional patent application as completely as possible.
Time to raise money
Until the formal application can be submitted, you can submit a Provisional Application. A “enabling” disclosure is essential, as is not omitting any information that will later be needed. In light of the fact that time is running out to raise money for a conventional application, it may not be a good idea to file a Provisional Application. A conventional application will cost more if you proceed. You must also pay for any foreign applications you wish to file (see below) after the year-long period expires.
There are several reasons why you might not want to file a provisional application:
Added cost
Provisional applications should not be submitted if you are ready to submit a formal application. Providing a provisional application along with a conventional application will cost the same or more than providing a conventional application alone, and the filing fee will be the sum of provisional and conventional fees.
Added delay
If you file the paperwork correctly, you will receive an effective filing date for the later conventional application, even though the Provisional Application will not be examined. In order to obtain patent protection as soon as possible, it is not advisable to submit a Provisional Application.
You might not be able to make the application effective if you don’t know what to include. In order to file a formal application, you may want to wait until you have all the necessary information before filing a provisional application.
Following the filing of your utility patent, you will have to file foreign patents – see below. When filing a utility patent application, you had a year to decide if you wanted foreign patent protection and in which country. US and foreign applications (PCT) must be filed simultaneously with provisional applications.
You need a design patent
You need a design application if your invention is novel because of its appearance (rather than its function). Provisional applications cannot be used as the basis for a design application. Consult a professional for advice on what type of patent is right for your invention.
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How to turn provisional application into patent
