USPTO Provisional Patent Filing
USPTO Provisional Patent Filing
If you’re an inventor looking to file for a patent, there are two options: provisional or non-provisional application. Whichever option you select at the right time will either help expedite your application process or lead to rejection.
The USPTO currently offers a deferred-fee provisional patent application pilot program to inventors that allows them to quickly disclose their inventions while still securing the rights necessary to continue working on it. This initiative is part of its efforts to foster creative solutions to pressing problems.
What is a provisional patent?
Provisional patent applications are a simplified version of regular utility patent filings in the US that takes less time and money to complete. This expediting the process can save inventors both time and money by expediting their patent search, potentially increasing its likelihood of success.
These shorter applications are more affordable than full non-provisional patent applications, since the claims in a non-provisional application take time and money to draft. A provisional application does not need an oath or declaration but does include a written description of the invention and must identify all inventors.
Furthermore, it must be filed within 12 months of an inventor’s public disclosure of their invention in order to remain eligible for patent protection in the United States. The 12-month period begins when they first disclose their invention to the public and ends when they file a non-provisional patent application claiming priority over that disclosure in their provisional application.
When filing a provisional patent application, it is essential to provide an exhaustive description of the invention, along with an understanding of how it operates. Furthermore, any drawings necessary for understanding the invention should also be included.
At the same time as your application for patent protection, provide a detailed description of your invention and any drawings. Drawings or diagrams that support it can be included later in the patent prosecution phase if they are pertinent to it and help patent examiners gain clarity on what the invention is all about.
If an inventor cannot include all pertinent details when filing their provisional application, consulting with a patent attorney before filing is recommended to ensure all aspects of their invention are adequately represented in the document. Doing this will guarantee a well-crafted application and protect all aspects of it.
Filing a provisional patent application has many advantages, but it is essential that the document be written accurately. Doing so could determine whether or not your invention is accepted for patenting and ultimately patented.
What is the process for filing a provisional patent?
Provisional patent applications are documents filed with the United States Patent and Trademark Office that offer limited protection against other people copying your invention. They serve as a useful tool for inventors to test out ideas before filing formal patent applications, while helping companies avoid financial loss by delaying manufacturing until after an inventor has filed their full patent application.
Filing a provisional patent application involves filling out an online form, paying a nominal fee (usually between $65-700), and providing some basic information about your invention. Make sure the description you provide for the product includes its name, dimensions, and any other specifications that will help the USPTO evaluate it fairly.
Additionally, the form should include a list of all inventors and any other people with rights to the invention. Furthermore, any drawings or other material that will help describe the invention in detail is essential.
Applicants should ensure their provisional patent application accurately and comprehensively describes their invention, even if it is a relatively straightforward one. Otherwise, the applicant will not be eligible for a patent.
Before filing a provisional application, applicants should conduct a patent search through either the USPTO or another third-party agency. This search helps guarantee that an application adequately describes the invention.
If you don’t have the time or resources to conduct a patent search, consider hiring a lawyer registered to practice before the USPTO. They can offer expert advice and prepare your application so it fully explains your invention.
Additionally, you should conduct a search for competitors to guarantee your invention is unique and not already protected by another party. This can be done using either the USPTO or WIPO website claims patent search function.
Typically, filing for a provisional patent application takes around 12 months from the filing date. During this time you can test your product, refine your concept, and seek investment capital to fuel your business venture.
How much does it cost to file a provisional patent?
The cost of filing a provisional patent application varies based on the invention. Important costs to consider include government filing fees, professional patent illustrations and attorney fees. Furthermore, preparation and examination for patent applications can be quite pricey.
Provisional applications have a lower government filing fee than non-provisional patents, which can be particularly advantageous for inventors with limited resources. Furthermore, the provisional application does not necessitate filing all of the claims required in non-provisional patent applications – saving money on legal costs and avoiding having your patent examined by the USPTO.
However, the absence of a comprehensive set of claims means the provisional application will only provide limited protection for your invention. Therefore, it is essential to craft an excellent patent application.
One of the most frequent mistakes inventors make is filing a provisional patent application without claims. Doing this may give you false hope and allow others to receive patents on features you have forgotten about.
That is why it is vital to hire an experienced attorney for the preparation of your patent application. On average, attorneys charge between $5,000-$15,000 for their services.
Another essential point to keep in mind is that once your patent is granted, you will have to pay maintenance fees every 3.5, 7.5 and 11.5 years after the grant of your patent. These payments can become quite costly so it’s wise to plan ahead and be financially prepared for these bills.
In addition to these fees, you must also pay a small patent examiner fee of approximately $1,500 for small entities and $425 for micro entities.
Finally, the USPTO patent filing fee must be paid in order to submit your patent application. You can find their fee schedule here.
If you would like to know the costs associated with filing a patent, consider visiting UpCounsel – an online marketplace connecting businesses with top-rated lawyers for legal needs. These attorneys have been handpicked by UpCounsel and possess expertise in many different industries and fields of practice.
How long does it take to file a provisional patent?
The United States Patent and Trademark Office (USPTO) offers inventors the unique opportunity to file a provisional patent application at a reduced fee, protecting their ideas for one year while they refine their product or seek investment capital. This provides them with invaluable time to perfect their invention before going to market, giving them valuable peace of mind during this crucial stage.
In addition to its one-year duration, a provisional patent only covers the idea or invention that the applicant claims as their original work. This means any modifications made after filing will not be covered by the patent unless they are also included in the application.
As you can imagine, this gives an inventor time to experiment and test their product without fear of competition filing for a patent first. Furthermore, they are free to continue refining their invention after filing for patent protection as long as they don’t break any laws in the process.
If an invention proves successful and an inventor wants to safeguard it, they can apply for a non-provisional patent application. This process typically takes between two to five years depending on the technical area in which you file.
Non-provisional patent applications undergo a full patent examination that could lead to either grant or denial. Once your application is accepted, you’ll receive a patent number and can begin using it immediately.
Non-provisional patent applications typically cost more than provisional applications, so it is important to factor this in when deciding whether or not to file one. Furthermore, non-provisional applications tend to take longer processing times than provisionals since patent examiners must review your material before issuing a patent.
In certain circumstances, inventors can pay a fee to expedite their PPA application review. Doing so increases the speed at which the application is examined and increases their chances of receiving a grant.