Introduction
Intellectual property (IP) protection is a titanic job if you wish to safeguard your inventions so that you own your inventions and can make use of them. One of the first things which one does in order to safeguard an invention is a patent filing. Patent filings are extremely costly, time-consuming, and time-sensitive. Provisional patent application gives you the convenience of an early filing date on your invention at lower cost and trouble than a non-provisional patent application. Throughout the entire course of all of this guidebook, in this section here we’re going to be talking about the problem of provisional patent applications, why you have to use them, how you file an application, and cover most of the questions that people commonly have so that you can get a sense.
• What is a Provisional Patent?
Provisional patent is provisional patent application when invention of yours dated when you are filing the provisional patent application in United States Patent and Trademark Office (USPTO). Provisional patent application is not really claimed patent, not actually searched or so for regular non-provisional patent application. Its first filing which will allow you to refer your invention as “patent pending” until you are about to file complete patent application.
Important Major Features of a Provisional Patent Application:
- No Official Patent Claims: No official patent claims exist in a provisional patent application to outline the invention’s scope, whereas otherwise it is the case for a non-provisional patent application.
- Lower Filing Fee: It costs less to file a provisional patent compared to a non-provisional patent filing.
- No Exam: USPTO does not verify a provisional patent application, i.e., doesn’t verify as much as a non-provisional patent application.
- 12-Month Expiration: Provisional patent application remains valid for 12 months when you have the luxury of using “patent pending.” Full credit to you that you should file a non-provisional patent application within 12 months so your date of filing will not go waste.
- Confidentiality: Provisional patent filing is a confidential filing process in which your invention information shall never be revealed until the non-provisional patent application filing date.
• Why Provisional Patent Filing is Important?
There are certain provisional patent filing applications to which inventors and companies are attracted. Let us see why a provisional patent is important.
1. Qualifies with Filing Date
The benefit of a provisional patent application is that it will give your invention a date of filing. That is, this will be before a subsequent patent application on similar inventions. To provisionally file, you enjoy the advantage of being able to use the date when you make a later non-provisional filing based on the filing date of the provisional application so that you will have an earliest date available when you can practice your invention.
2. Economical First Protection
It does not take much money to create a provisional patent compared to a non-provisional patent. Not so much money to send the USPTO to generate a provisional application ($75 to $300 depending on company size). Provisional filings are thus in the range of start-ups and those who cannot afford to fight with yet a full-fledged real actual non-provisional patent yet.
3. “Patent Pending” Status
You’ve applied for the provisional patent, now you can sell your invention on the “patent pending” level. It is helpful to appease investors, manufacturers, or possible business partners that your invention is patented and negotiable for patent rights. While “patent pending” is less objectionable than the issued patent, it remains objectionable to some extent since they know they are not legally barred from utilizing or copying your idea without penalty.
4. 12-Month Grace Period
Perhaps the most important advantage of a provisional patent is the 12 months’ grace period that you have.
You are allowed 12 months from when you make the provisional patent to determine if and when you will actually make the full non-provisional patent application. You have a window of time in between to work out the final bug of your invention, experiment with it in the marketplace, raise capital or do whatever speeds your boat into water. Temporary filing date upon filing of non-provisional application allowed here.
5. Makes Whole Patent Application Process a snap
Provisional patent application provides you the convenience of filing before your file with the USPTO when you finish your prior non-provisional patent application. Provisional filing is a bit time to complete mandatory forms such as good and soundly reasoned patent claims, drawings, etc. without the pressure of an early deadline.
• How to Prepare a Provisional Patent Application
You can apply for a provisional patent, but there are some things that you would want to do so that your application will be worth it.
1. Make a complete description of your invention
When you file the provisional patent application, you must provide sufficient description of the invention. With “sufficient description” here is meant the clear detailed description which will enable a person possessing appropriate qualification in the technology to visualize what has to be developed and what has to be achieved through means of the invention. While describing the technical details of the invention, use simple words and diagrams and drawings wherever feasible.
2. Add Drawings (If Any)
Both provisional patent application and patent application contain sketches or drawings. The drawings are the graphical illustrations of how your invention functions and can be attached to the written description. Not technically required when applying for provisional patents, but adding drawings is highly recommended to further describe your invention.
3. File the Application with the USPTO
Once you’ve completed your drawings and written description of your invention, you can submit the provisional patent application electronically through the USPTO’s Electronic Filing System (EFS-Web) or by paper mail. You must submit it with a fee to be set depending on the type of organization (i.e., individual inventor, small entity, large business).
4. Take Detailed Records
You will need to keep your records in such a way that your provisional patent application. They are providing evidence with USPTO, application copy, and other documents filed. They can be useful if there is any sort of conflict.
In case of the date of filing of the patent.
5. File a Non-Provisional Patent Application within 12 Months
Provisional patent application is 12 months. Within the duration of these 12 months, you can put the term “patent pending” on your invention in selling your invention, but within the duration of the 12-month grace period, you need to file a non-provisional patent application in such a way that you do not lose your date of filing. Otherwise, your provisional patent becomes useless and your filing date is lost.
• Advantages of Provisional Patent Applications
- Less Expensive: Provisional patent applications are relatively less expensive than non-provisional patent applications and within inventor, small business concern, and entrepreneurial budgets.
- Priority Filing Date: With a provisional patent, you can hold other inventions at risk, something that will turn out to be invaluable in battling for when market share and capital are hard to come by.
- Polish Time: You have twelve months in which to work, market, and boast about your invention before it will cost you money to file a full patent application.
- Creditability of Business Venture: The “patent pending” designation gives producers, investors, and others creditability that your idea is protected.
- Isolated Protection under a Non-Provisional Application: It won’t protect your invention as a patent on its own. You must submit a non-provisional patent application within 12 months in order to receive full patent protection.
- Limited Search: Since the provisional patents are not searched, you can never be certain your invention will be patented at the time a non-provisional patent is granted. Your novelty, non-obviousness, and useful claim will be examined by the patent examiner.
- You Will Not Give an Appropriate Description and Won’t Fully Reveal Your Invention: You will not give an appropriate description of your invention and won’t fully reveal your invention in the provisional patent application because this will eventually become a problem when you will have to file a non-provisional patent.
Conclusion
Provisional patent application is a good start in safeguarding your invention, obtaining a date of filing, as a try at being given some time to continue working on your invention, and the benefit of “patent pending” status.
Provisional patents give inventors and entrepreneurs the privilege of preserving their concepts without spending the initial costs of a full patent application. Remember, provisional patents are temporary protection and then need to be supported within a twelve-month window with a non-provisional filing for full patent protection. As an independent inventor, small business, or start-up company, a provisional patent application is an investment in your future and intellectual property protection.
Frequently Asked Questions (FAQs)
Q1. How long is a provisional patent?
ANS) A provisional patent lasts for 12 months from the date of filing. You have to file within 12 months a non-provisional patent application so that you can claim your date of filing.
Q2. Am I permitted to license or sell my invention with a provisional patent?
ANS) Yes, you may sell or assign your provisional patent invention but on the condition that you’re provisional patent would not safeguard you as it would when the patent is already granted.
Q3. Do I need an attorney to file a provisional patent?
ANS) No attorney need to submit, but strongly advised, especially if the invention which you want to patent is a more advanced invention. An IP attorney can prepare a provisionary patent application on your behalf and have it ready for filing.
Q4. Can a business methods or software provisional patent be prosecuted?
ANS) Yes. Provisional business procedures and software procedures if sufficiently novel and non-obvious. They are generally subject to a higher test, though.
Q5. Can a provisional patent application be filed anywhere other than in the United States?
ANS) No, but the provisional patent applications can be utilized only in America. You might, however, file an international patent application under the Patent Cooperation Treaty (PCT) within 12 months of your provisional date as part of international protection procurement.
Thanks to the process and benefit of provisional patent applications, inventors can now proceed with acquiring intellectual property rights and shielding inventions in the global market.