Provisional Patent Application
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Provisional Patent Application
- A provisional patent application is a type of patent application that allows a patentee to file a patent application for an invention without submitting a formal claim, oath, statement, or information disclosure statement.
- Before filing a full patent application, the inventor can temporarily protect the idea for a year, during which time they can test the market, apply for funding, and make any necessary changes to their invention.
- Filing a provisional patent application is a low-cost and low-risk way for inventors to protect their rights to their inventions.
- Inventors will also be able to use the term “patent pending” for their inventions to help discourage others from copying or stealing their ideas.
- However, it is important to note that provisional patent applications are not granted patents and do not confer statutory rights or protection.
- To obtain full patent protection, a full patent application must be filed within one year of the filing date of the provisional patent application.
- If you’re an inventor or entrepreneur with a great idea and looking for an inexpensive way to protect it, consider filing a provisional patent application.
- For more information or assistance with filing a provisional patent application, please contact us.
Types of Provisional Patent Application
There is just one sort of provisional patent application: the “provisional utility patent application”. Even so, there are other tactics and approaches that may be employed when filing a provisional patent application, such as:
Comprehensive Provisional Patent Application
This type of provisional application provides a detailed description of the invention and may include drawings or diagrams. It is often used when the inventor has completed most of the work required for a non-provisional patent application but needs additional time to finalize the claims.
Basic Provisional Patent Application
This type of provisional application provides a basic description of the invention and is often used when the inventor is still developing the invention or needs more time to determine its commercial potential.
Multiple Provisional Patent Applications
Several provisional patent applications may be submitted by inventors to cover various features of an invention or to specify various filing dates for various components. When an inventor wants to pursue various patent claims with various priority dates, this can be useful.
It should be noted that provisional patent applications are not reviewed for patentability and do not result in the granting of a patent. A non-provisional patent application must be filed within 12 months following the provisional application, and the invention must fulfil all legislative conditions for patentability.
Note: A provisional patent application provides temporary protection and an early filing date for an invention, but it is important to note that it does not guarantee the issuance of a patent and a non-provisional patent application must be filed within 12 months to meet all legal requirements for patentability.
CAN I FILE A PROVISIONAL PATENT APPLICATION MYSELF?
- You can file a provisional patent application without the help of a patent attorney or agency.
- But still, it is crucial to acknowledge that filing a provisional patent application involves complicated legal and technical criteria, and it is critical to prepare a well-written and detailed application in order to establish the priority date for your invention.
- If you decide to file a provisional patent application on your own, you should be aware with the requirements and procedures for filing a provisional application with the applicable patent office, such as the United States Patent and Trademark Office (USPTO) or other foreign patent offices.
- It is also advised that you perform a comprehensive prior art search to confirm that your invention is original and non-obvious, and that you offer a complete explanation of your invention in clear and simple language, with drawings demonstrating the novelty and utility of your invention.
- While completing a provisional patent application on your own might save you money on legal bills, it can also be dangerous if you are unfamiliar with the legal requirements and technical features of patent applications.
- If you have any issues or questions regarding filing a provisional patent application, it is best to speak with a patent attorney or agent.
RISKS OF CONDUCTING YOUR OWN PROVISIONAL PATENT APPLICATION
Inadequate Protection
Provisional patent applications provide only temporary protection and do not grant you any patent rights. It is the responsibility of the applicant to ensure that the provisional patent application is thorough and accurate. If the provisional patent application is not detailed enough, it may not provide adequate protection for your invention.
Incomplete or Inaccurate Disclosure
A provisional patent application must contain a full and complete disclosure of the invention to be eligible for a later non-provisional patent application. If you fail to include all of the necessary information, or provide inaccurate information, you may not be able to claim priority for your invention.
Difficulty in Drafting
Patent applications can be complex legal documents, and drafting one can be challenging. Without the assistance of a qualified patent attorney or agent, you may overlook important aspects of the application process that could impact the outcome of your application.
Misinterpretation of Patent Law
Patent law is complex and constantly changing. Without a deep understanding of patent law, you may not be able to interpret it correctly, which could lead to your application being rejected or invalidated later on.
Disclosure of Trade Secrets
If you disclose too much information in your provisional patent application, you may reveal your trade secrets and give your competitors an advantage in the market. A qualified patent attorney or agent can help you identify what information should be disclosed in the application and what information should be kept confidential.
Inability to Enforce Your Patent
A poorly written provisional patent application may not be strong enough to support a later non-provisional patent application, which could leave you unable to enforce your patent rights against infringers. This can lead to lost revenue and diminished competitive advantage.
Protect Your Ideas
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Affordable & Professional Provisional Patent Application
Are you an inventor or entrepreneur with a unique idea? Do you want to protect your intellectual property and ensure that your idea is original? Then a patent search is an essential step in the patent process.
A provisional patent application is a preliminary patent application that creates an early filing date for an invention and enables the inventor to establish “patent pending” status for up to 12 months. When the inventor is preparing a non-provisional patent application, it offers a temporary protection layer. A written explanation of the invention, along with any illustrations or diagrams necessary for understanding it, must be included in a provisional application. Formal patent claims or an official examination are not necessary. The main goal of a provisional patent application is to establish an early priority date for the invention, which can support in preserving the rights of the inventor if someone else files a patent application for a similar invention later on.
Is it necessary to file a provisional patent application?
>> Get ahead of Competitors
>> Secure a Priority Filing date
>> Promote as “Patent Pending”