Provisional Patent Application: What is it?
A provisional patent application is a type of patent application that may be filed with the US Patent and Trademark Office. The first person to file for a new invention in the United States may do so. With the advent of US patent law in 2013, provisional applications are available to those who want to gain first-to-file status quickly.
However, a provisional application does not result in a granted patent or a patent examination. You may obtain first-to-file status without having to file a higher-cost application. To accomplish this, you may document your invention date and obtain first-to-file status for up to a year using a provisional application. A non-provisional patent application must be filed in order to obtain a patent.
A non-provisional application can be examined by a USPTO patent examiner and subsequently be awarded a patent. A patent can protect your innovation and prevent others from using it. You can also benefit from your provisional application’s date if you submit a non-provisional application within 12 months after it. You may file a non-provisional application at any time.
However, a provisional application allows you to finish a non-provisional application, which is more complicated and costly, and turn your idea into a commercially viable product. Furthermore, a 20-year patent term begins to elapse immediately after the provisional application is filed. As a result, you receive an added year of patent protection.
A non-provisional application can be examined by a USPTO patent examiner and subsequently be awarded a patent. A patent can protect your innovation and prevent others from using it. You can also benefit from your provisional application’s date if you submit a non-provisional application within 12 months after it. You may file a non-provisional application at any time. However, a provisional application allows you to finish a non-provisional application, which is more complicated and costly, and turn your idea into a commercially viable product. Furthermore, a 20-year patent term begins to elapse immediately after the provisional application is filed. As a result, you receive an added year of patent protection.
Consider how long it will take to develop your invention into a product and its marketability before deciding what type of application you should file. Consider how long it will take to develop your invention into a product and its marketability before deciding what type of application you should file. This is partly due to the fact that your 20 year patent term clock doesn’t start ticking away while the provisional application is pending.
An investor’s demand, the degree of innovation in your field, and the urgency to receive a patent are factors that may complicate your filing decision. The circumstances of each case are different. You can choose between a provisional patent application and a non-provisional patent application with the assistance of an experienced patent attorney.
Elements of a Provisional Patent Application
It is crucial that your provisional patent application is well-prepared in order to preserve your filing date. A patent attorney is highly recommended. Cover sheet, written description, and application fee are included in a provisional application. Many forms required for the application have been standardized by the USPTO.
Cover Sheet. The coversheet must identify specific information including:
- The application is a provisional patent application
- The name(s) of all inventors
- The inventor(s) residence(s)
- Title of the invention
- The name and registration number of attorney or agent and docket number (if applicable)
- Any correspondence addresses
- Any U.S. Government agency that has a property interest in the application.
This is the written description of the invention. Clarity and conciseness are essential in the description. Your invention must be described in exact terms that anyone with skill in your field can understand and use. We need to demonstrate that this is a new, complete, and patentable invention. The document should contain the following information:
- The title and purpose of the invention
- Components or steps of the invention
- How the components work or the steps completed
- How a user operates the invention
- Advantages of the invention
- Description of any included drawings
The drawings. You may include drawings in your provisional filing if you believe they will be useful in understanding your invention. By skimping on drafting costs, you risk losing your filing date. A drawing must be technical, detailed, and clear. It will strengthen your application if you provide information within the drawings.
The fees. An application fee must be accompanied by the application. According to the government website, USPTO fees are adjusted annually.
Benefits of the Provisional Patent
A provisional patent application offers many advantages, even though patent examination will not begin until a non-provisional patent application has been filed within 12 months.
- Documentation of your interest in the invention
- Lower cost than a non-provisional patent
- Established official USPTO effective filing date
- Allowed use of the “Patent Pending” designation
- Patent confidentiality
- Immediate acceptance of application
Experienced patent attorneys can prepare patent applications that meet patent requirements, provide an effective filing date on the first try, and are tailored to your business needs.
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