How to Get a USPTO Provisional Patent
How to Get a USPTO Provisional Patent
For inventors who want to safeguard their invention and get it ready for market before filing a utility patent application, getting a provisional patent from the uspto is an option. Additionally, this gives them an official filing date which they can use in marketing activities related to their invention.
What is a provisional patent?
Provisional patents are patent applications that you can file with the United States Patent and Trademark Office (USPTO) without being examined by them. They provide you with a filing date for your invention in each jurisdiction and serve as placeholders while you finalize details for a utility patent application.
Filing for a provisional patent is the primary benefit of doing so, as it gives you an advantage over competitors when applying for patents and allows you to assess whether or not your invention is ready for commercialization.
However, it’s essential to be aware that provisional patents have limitations as far as how much protection your invention receives. The primary one being that your idea must not have been publicly disclosed during the 12 months following filing your provisional patent application in order for it to retain its priority date.
Furthermore, your idea must be new and unique to be eligible for full protection under this type of patent. Therefore, it is essential that you conduct a comprehensive patent search and confirm that your invention truly is new and unique before filing for a provisional patent application.
Be sure to include accurate and comprehensive product descriptions in your provisional patent application. This should cover all essential aspects of your invention, such as its dimensions and shop drawings.
This can safeguard you against potential competitors who might attempt to copy your invention or use it as the basis for their own. Furthermore, patenting your ideas provides an indication of their value and helps determine whether or not investing time and money in securing a patent is worth the effort.
Another advantage of a provisional patent is that it grants priority in your invention before you commit to the full utility patent application process. This gives you a year for research, development and refinement on your product or process. Furthermore, this provides an opportunity to demonstrate feasibility within certain markets and generate funds for further advancement.
How do I file a provisional patent?
Filing a provisional patent application (PPA) is an economical way to safeguard your idea. Unfortunately, filing a PPA does not guarantee that your invention will receive official protection.
Typically, a provisional application only provides you with protection for one year from the filing of your patent application. In order to gain full patent protection, you must file for non-provisional patent protection after that.
Non-provisional patent applications (NPAs) contain claims that describe your invention and drawings of it, which must be filed within twelve months after receiving your Patent Protection Agreement (PPA).
Most inventors opt for a PPA because it is less expensive and time-consuming than applying for non-provisional patent protection. This approach works well if you want your invention noticed before investing both resources into an actual patent application.
Filing a Patent Protection Application (PPA) is done electronically using the USPTO’s EFS-Web system. Be sure to include a filing fee and cover sheet that identifies the inventors, their residences, the invention and registered patent attorney or agent.
Before submitting your Patent Purchase Agreement (PPA), make sure all necessary details are included. Doing this ensures that none of the essential elements will be overlooked which could hinder your invention from receiving full patent protection.
Furthermore, you should obtain and file an assignment of your PPA with the USPTO as soon as possible. Doing this enables the assignee to file continuing and PCT applications claiming priority over your PPA, grant licenses, etc.
Inventors should remember that they only have the right to claim inventorship of their inventions if they contributed to its conception, development and earliest mental embodiment (i.e., created it or reduced it to practice). If they did not contribute to its conception, then they should never be listed as an inventor on a patent purchase agreement (PPA).
A patent is a legal document that grants you the exclusive right to protect your invention from copying or using by others. Unfortunately, it often takes considerable effort and time to turn your ideas into patentable inventions that can be protected.
Can I sell a provisional patent?
Provisional patents are an accessible option for inventors who don’t want to spend the full fee for filing a non-provisional patent application. They offer you one year of protection without worrying about whether the patent examiner will grant your request; however, in order to take full advantage of this PPA benefit you must submit another non-provisional patent application within 12 months.
When filing your provisional patent, there are a few important points to remember. Make sure your patent specification is comprehensive enough so that someone with ordinary skill in the art can comprehend what your invention does.
If you fail to disclose your invention properly when filing for a non-provisional patent, it could be invalidated and you could forfeit all of your patent rights.
Another common mistake is failing to describe your invention sufficiently in detail. This can pose a substantial prior art challenge for you in the future.
Many entrepreneurs mistakenly assume they can save money by getting a provisional patent, but this is an expensive mistake. You must take the time to thoroughly and broadly disclose your invention in order for it to be patent-worthy; otherwise, its value will diminish significantly if ever you decide to sell it off in the future.
Additionally, ensure the description you provide your patent attorney is comprehensive and allows someone with ordinary skills in the art to execute your invention. This means providing a written explanation, including figures (drawings), that explains how it functions.
Therefore, it is highly recommended that you hire an experienced patent attorney if you plan on filing for a provisional patent. They can guide you through the process and guarantee your patent is filed correctly.
The United States Patent and Trademark Office has been touting the cost-savings of provisional patents, but this is nothing more than a marketing ploy that benefits your patent attorney at your expense. Do the math yourself and you’ll discover that there is only $600 between them – less than one-third of the price difference!
Can I file a non-provisional patent?
If you’re uncertain whether to file for a non-provisional patent, the decision should depend on several factors. Your time and finances for the patent process should be taken into consideration as well as consulting with an experienced intellectual property services provider before beginning this step to safeguard your invention and gain an edge in the marketplace.
The United States Patent and Trademark Office (USPTO) issues various types of patents, the most popular being utility, design and plant patents.
Patents are awards to inventors who have created a useful product or process. Each type of patent provides specific protections and allows the owner to prevent others from making, using or selling an invention without their authorization.
Typically, it takes around two years for the USPTO to review your application and grant you a patent. However, certain types of applications can be expedited for faster processing.
In order to qualify for expedited examination, you must meet certain criteria and pay a fee. While the process can be lengthy, it will save time and money by reducing how many times your application must be submitted.
If your invention is relatively straightforward, you may be able to complete your non-provisional application yourself. This option, known as “self-drafting,” may be ideal for inventors looking to spend as little money as possible on the patenting process.
It is wise to have an attorney draft your non-provisional application, as they can assist in breaking down your invention into individual components that the USPTO can more easily comprehend. Doing this will ensure that your invention receives full protection it deserves.
When filing a non-provisional patent application, you must supply the USPTO with various pieces of information. This includes your invention title, an abstract and drawings.
Before filing your initial non-provisional application, you can conduct a prior art search to see if your invention has already been patented. If so, you can amend your application to claim a different priority date.