Why You Should Consider Filing a Provisional Patent Online
If you have an invention that you would like to protect, filing for a provisional patent application could be the economical choice. It provides priority date and an early filing date in the United States at low costs.
However, if you do not anticipate any competition for your invention, then a provisional patent is not necessary.
What is a provisional patent?
Provisional patents are a temporary measure that inventors can take for their invention before filing full utility patent applications. Doing so can save them a considerable amount of money and time that would otherwise have to be invested in pursuing a patent.
It can also be an efficient way to secure priority in an invention over other applicants who may be close to filing for similar or identical inventions. As such, many patent applications opt to file for a provisional patent prior to engaging in the more costly and time-consuming utility patent application process.
The USPTO strongly suggests that provisional patent applications include both a written description of the invention and any drawings necessary to comprehend it. Doing this ensures the inventor doesn’t miss anything important during patent prosecution, as well as avoiding potential confusion on behalf of the patent examiner during examination.
Inventors should always take the time to craft their provisional patent application carefully, as this will grant them a higher priority level in the future. The application should be as comprehensive and detailed as possible, including detailed information about the product, its dimensions, and any other relevant specification data related to the invention.
This will enable the patent examiner to more accurately assess your invention, potentially leading to earlier patent issuance than anticipated.
Another advantage of filing for a provisional patent is that it allows an inventor to assess the profitability, marketability and novelty of their invention before investing time and resources into filing for non-provisional patent protection. This can be especially advantageous when dealing with medical devices since they typically become more valuable before receiving utility patent protection.
It is essential to remember that a provisional patent application only lasts 12 months and must be converted into a full non-provisional patent application within that time. Failure to convert before then could mean the loss of any priority the inventor may have gained.
What are the benefits of filing a provisional patent?
Provisional patent applications offer inventors a straightforward, expeditious path to “first-to-file” status. This provides them with the assurance that their invention will not be copied by someone else before they submit an application for patent rights in the United States, which awards those rights to those who come up with valid inventions first.
Another major advantage of filing for a provisional patent is its cost-effectiveness. This makes it an attractive option for inventors who lack funds or resources to cover full patent applications.
If inventors are uncertain if their invention is ready for market, they should consider filing a provisional patent. This gives them 12 months to conduct further market research and test out their product or process; using that information when filing their non-provisional application for a patent.
One of the biggest errors many inventors make is not adequately describing their invention in a patent specification. This can lead to an expensive prior art issue in the future.
Before submitting their invention to the United States Patent and Trademark Office (USPTO), an inventor should confirm its uniqueness by conducting a claim patent search.
These searches can be conducted online at the USPTO or World Intellectual Property Organization (WIPO) websites. Once the results are in, it’s best to discuss this information with your attorney or agent.
When deciding whether or not to file for a provisional patent, the best advice is to evaluate the novelty of your invention and the potential market for your product. Furthermore, be mindful of both the cost and time it will take to complete an application for patent protection.
Filing for a provisional patent offers the greatest advantage, as it ensures you obtain priority date protection for your invention. This can be invaluable in case other inventors attempt to claim it too, which could come in handy if there ever arises an infringing patent lawsuit.
How do I file a provisional patent?
If you want to patent your invention, the initial step is filing for a provisional patent application. This can shield your idea from being copied and prove that you were the first person who thought of it.
It’s also more cost-effective than obtaining a patent, which could save you money in the long run. However, keep in mind that provisional patents expire after 12 months and you must file for nonprovisional patent protection within one year in order to keep your invention protected.
Filing a provisional patent application is easy and can be done online through the USPTO’s EFS-Web system. Simply log in, follow the directions for submitting all your documents – including the cover sheet and fee transmittal form – via this secure site.
Be sure your documents are comprehensive enough to safeguard all aspects of your invention. The USPTO suggests including drawings necessary for understanding the invention with your application.
Additionally, you should include the names and addresses of all inventors as well as contact details for your attorney. Furthermore, include any documentation describing your invention such as theses, manuscripts, “supplementary materials” sections of journal papers, computer code, laboratory notebooks or other records.
In addition to a written description of your invention, you must include a patent claim. This legal document outlines your invention and assigns it a priority date; while it’s not guaranteed that approval will come your way, it helps prevent others from claiming the same idea before you have filed your full patent application.
The Invent + Patent System(tm) is a comprehensive tool designed to guide you through the process of compiling information necessary for filing a provisional patent. At just $99*, it includes links to forms required for filing, comprehensive instructions on filing, an editable provisional patent application template and guidance on how to customize and expand your description.
The more information you can provide in a patent application, the more comprehensive it will be and lower its cost to prepare and file. This is because detailed patent rights will be established, increasing your likelihood of receiving one.
How much does it cost to file a provisional patent?
The cost to file a provisional patent application online varies based on the invention and company size. Typically, small entities pay $140 to file their provisional patent application, while larger firms typically pay around $280. In addition to filing fees, you’ll need to cover professional patent illustrations as well as any other expenses related to submitting your invention for patenting.
Before your patent application is granted, the Patent Office typically reviews it. During this timeframe, you must respond to at least two rejections from the Patent Office in order for your claim to be approved.
Examining an invention can cost anywhere from $4,000 to $8,000. During this time, the examiner will examine your creation and assess its merits. In order to receive your patent, you must convince them that your creation is unique and novel.
Depending on the complexity of your invention, you may require legal counsel and support throughout the provisional patent application process. These professionals offer legal guidance and assistance throughout every step of this endeavor.
Although hiring an attorney may be costly, they will guarantee that no errors are made while filing your patent. Doing so could save money in the long run and increase your chances of securing a successful patent.
The cost to file a patent application will differ depending on which country you apply in. Generally speaking, the United States offers one of the lowest costs for patents while Europe can be much more costly.
For US patent applications, you will be required to pay search fees (approximately $40-$660) and examination fees (roughly $150-$760). These costs cover the examiner’s time in reviewing three independent claims as well as 20 total claims.
When applying for a utility patent, there will be additional fees associated with “excess claims.” These are additional claims filed after the initial three. Each extra claim costs $100 to $50.
The filing fee for a provisional patent is relatively low, but the cost to prepare and file it can become significantly more costly as technology becomes more intricate. Software projects and other complex inventions tend to have the highest filing fees due to the extra time needed for research and preparation.