Costs of a Provisional and Non Provisional Patent
Costs of a Provisional and Non Provisional Patent
When filing a patent application, there are numerous expenses to consider. These include preparation and examination fees.
Fortunately, there are ways to reduce these expenses and ensure your idea remains protected. A provisional patent may be one such solution; it will safeguard your concept for one year.
What is a provisional patent?
Provisional patents are invention protection documents that shield new inventors from copycats and manufacturers for 12 months before they can file a full patent application. Inventors may use this option to test their concept’s commercial viability as well as refine their product before investing in the costly and time-consuming process of filing for patent protection.
A patent lawyer can assist you in deciding if a provisional patent is the best option for your project. They’ll offer an in-depth assessment of your patent requirements and guarantee that the application process is conducted efficiently and cost effectively.
The most advantageous way to utilize a provisional patent is to establish priority rights as soon as you have an idea for an invention. In a first-to-file regime, this can significantly boost your chances of having your patent granted.
As an example, suppose you have invented a method for pasteurizing milk into cheese. You file a provisional patent application for it in January 2019, yet another competitor files their standard patent application in August 2019.
Once your initial provisional application has established a priority date, you can use that as the filing date for all subsequent non-provisional patent applications that follow. This is particularly advantageous in a first to file regime since it ensures the priority date is as close to your invention as possible.
To maximize the benefit of a provisional patent, it’s essential that you accurately describe your invention. Be sure to include as many specifics about your creation in the document and include any drawings that could prove helpful when applying for a patent.
One of the major advantages to a provisional patent is its cost-efficiency and simplicity to complete. However, there are some drawbacks as well, one of which being that a provisional patent doesn’t automatically convert into a utility patent in the future.
How is a non-provisional patent different?
Non-provisional patents are regular utility patent applications filed with the USPTO that take an extensive and complex process with numerous parts and requirements that must be followed. As a result, their cost is much higher than provisional patents; additionally, inventors must file their non-provisional application within 12 months after filing their provisional patent in order to secure patent rights for their invention.
Contrary to a provisional patent, a non-provisional patent is an entire application with claims outlining the invention. Drafting claims can be one of the most time-consuming and complex parts of patent preparation.
In the United States, filing for a patent is highly encouraged after developing your invention. In fact, many inventors prefer to file for non-provisional patents before disclosing their idea publicly in order to protect their intellectual property and minimize risks of losing that rights.
Filing multiple provisional applications as your inventive work progresses and you add to the invention is a wise idea. That way, when filing for non-provisional patent protection in one year, all prior provisional applications can be claimed with priority dates.
Another advantage of provisional applications is that they help establish a United States filing date for an invention, which helps prevent the loss of foreign patent rights due to public disclosure in another country.
Filing a provisional application is useful for establishing the date an invention was first conceived and may even help determine your earliest US filing date. It’s essential to note that a provisional patent does not get reviewed by a USPTO examiner and thus won’t lead to an actual US patent.
If your invention requires protection, it’s wise to consult a licensed patent attorney before making any decisions about what steps should be taken next in its development. TraskBritt’s licensed patent attorneys are more than happy to answer any queries about your situation; so please don’t hesitate to get in touch with us today!
What are the benefits of a non-provisional patent?
A non-provisional patent is an application filed with the United States Patent and Trademark Office (USPTO) to secure a patent for an invention. This could be either a utility patent, which covers functional aspects of an invention, or design patent, which focuses on ornamental elements.
In the US, patents are valid for 20 years. To keep them active, the Patent Office charges maintenance fees during that period. Alternatively, patents can be renewed in order to extend their lifespan or provide further protection from infringement.
Filing a non-provisional patent is advantageous as it establishes an official filing date for your invention. This is particularly significant as many countries are first-to-file and will treat your invention as if it had been filed in their jurisdiction.
It can be an economical and efficient way to obtain your first patent application, but make sure you convert it to a full non-provisional within one year or else you will forfeit all the effort and funds invested into getting the provisional approved in the first place!
Another advantage of a non-provisional patent is its freedom to market an invention and raise investment based on the perceived value of their IP portfolio. This is especially useful when startups seek investors based on the perceived worth of their new product or service.
Additionally, a non-provisional patent can help an inventor establish a foreign priority filing date for subsequent foreign or international applications. This is especially advantageous with utility patents since most countries treat priority filing of domestic patents as though it had been filed within their nation.
Non-provisional patents can be an ideal starting point for inventors who need to secure their invention before it goes into production, but haven’t quite perfected it enough to turn into a usable product. This type of patent allows inventors to experiment with different prototypes and validate their concept before investing in costly product development processes.
Finally, non-provisional patents are more likely to be granted than provisional patents because the invention has been thoroughly examined and all relevant details clearly described in the non-provisional application. Inventors should ensure that all pertinent information is included in a non-provisional patent as this will provide additional protection from infringement by others.
What are the disadvantages of a non-provisional patent?
Non-provisional patents offer long-term security for your invention. They contain enforceable claims that safeguard your intellectual property rights, enabling you to sue anyone who infringes upon them in court.
Though more complex and time-consuming, non-provisional patent applications can be worth the cost. If you have a great invention idea, filing for such an application might be worthwhile.
Another disadvantage of a non-provisional patent is that it does not grant inventors exclusive rights to their inventions. This means if someone else develops the same process or product, they could potentially secure a patent on it as well.
Inventors may face a dilemma if they have already paid the patent fee on their provisional application and wish to keep use of their invention. If they do not file a non-provisional application within 12 months from the provisional filing date, however, the USPTO could void their provisional patent, potentially leading to the loss of all rights to their invention.
A non-provisional application has the disadvantage of requiring extensive details, such as a disclosure statement and patent claims. This can be time consuming and costly for an inventor to prepare, so many opt to start with a provisional application first.
In some instances, non-provisional patent applications can incorporate a provisional patent application into their description. However, this must be based on the invention described in the provisional or else it will be rejected by the USPTO.
Therefore, when writing a provisional patent application for an invention, it is essential to anticipate as many different ways of practicing the invention as possible. Doing this allows the future non-provisional application to be written without restricting how you may utilize your invention in other ways.
Inventors must ensure to write down as much detail about their invention in writing, so it will be easy for them to claim its patent after filing a non-provisional application. Doing this upfront will save them both money and hassle in the future.