Why provisional patent

To get a complete patent, a lot of details of the design and its specifications are required. Compared to a complete patent a provisional patent has shortcomings, especially upon the period of protection given to the intellectual property that has been provisionally patented. The main reason for allowing provisional patents is to provide security and a form of interim protection to investors and inventors until they are fully able to pursue a complete patent.

Therefore filing a provisional patent renders the following advantages:. It is to be noted that a provisional patent is an optional step. To file a provisional patent application, one must submit a series of forms and documents. Documents needed to file for a provisional patent include:. All these have to be submitted in accordance with The Patent Rules To be clear, this is business advice not legal.

Of course, the PPA you file must be effective, meaning it clearly describes a point of difference by taking the history of the innovation into account as well as projecting into the future. There are patent attorneys who argue that writing a good PPA will take them just as long as a non-provisional patent application. If you plan on filing internationally, you should have a patent attorney write at least one claim. Constructing claims correctly is specific and challenging, which is one reason why I would never write my own non-provisional patent application.

Potential licensees, vendors, investors, and other partners cannot tell exactly what you are protecting. One reason why? I love that. After all, no one can say for sure whether a patent will issue. Because gray areas like these are subject to interpretation, you can use them to your advantage. As an entrepreneur, I relish gray areas. They are a potential source of strength, not a weakness. It's like playing poker: No one else can see your hand. For example, having established some perceived ownership with a PPA, you can begin confidently approaching contract manufacturers for quotes, buyers with the intent of securing a purchase order, vendors for their perspective, marketing consultants, and so on.

You can also continue building and testing different prototypes, leading to important discoveries. As you continue researching the market, I guarantee that you will come across highly relevant pieces of information. Not to mention aspects of the invention that you have not yet considered. For example, improvements are likely needed. What about potential variations and workarounds? Requirements of a PPA. Special Considerations. Key Takeaways A provisional patent application is the first step towards gaining a U.

The "patent pending" label indicates a product that is protected from copycats by a provisional patent application. A provisional patent application is not an actual patent. A provisional patent application is a cheap and fast way to gain protection on an invention for 12 months and allows the inventor to test and perfect a concept prior to filing a full patent.

You only have that month window in which to convert your provisional patent application into a full non-provisional application; failing to do so before the deadline could result in the loss of your idea.

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How Patents Work A patent grants property rights to an inventor of a process, design, or invention for a set time in exchange for a comprehensive disclosure of the invention.

What Is a Patent Pending? A patent pending is used by inventors to let the public know they have filed a patent application with the relevant patent and trademark authority. Utility Patent A utility patent is a patent that covers the creation of a new or improved—and useful—product, process, or machine. What Is a Service Mark? A service mark is a brand name or logo that identifies the provider of a service, which may include a word, phrase, symbol, design, or some combination.

Partner Links. Related Articles. Insurance Personal Legal Insurance. Regardless of the filing fee to be paid to the USPTO, provisional patent applications cost less to prepare from an attorney fee perspective because there are no formal requirements, which means we can focus on disclosing the invention in its full detail while still preparing an exceptionally detailed application that costs a fraction of the cost of a nonprovisional patent application i. Many patent attorneys and patent agents will question whether you can really prepare a provisional patent application while spending less time than preparing a nonprovisional patent application.

I am here to tell you that it is not only possible but we do it all the time and so do many other attorneys. Describe whatever you can, file a provisional patent application and work toward perfecting the invention and seeing if there is a market.

That is how provisional patent applications are best and why they are a valuable tool for those with a limited budget, which at the end of the day is everyone in the patent space. No one has enough money to protect everything they invent, not even mega-giant tech companies. So you take responsible steps forward to secure rights once you reach the point where you have something patentable. Some attorneys will tell you that you should never file anything other than a nonprovisional patent application.

That advice, in my opinion, is simply inappropriate for several reasons. The U. It is entirely possible, if not likely, that things that are disclosed even a single day before you file your patent application will ultimately be prior art that can be used to defeat your claims. The grace period, which was once strong and absolute is now extraordinarily weak and practically nonexistent in real life. That means you need to file as soon as you can after realizing a patentable invention, which necessarily means you will want to file something before you are finished working on your invention.

Provisional patent applications are excellent tools for inventors who are continuing their work on their invention. Describe what you have at the moment and file it as a provisional patent application.

Then when you are done working on the invention, or before the provisional becomes abandoned at 12 months whichever is first , file the nonprovisional patent application that includes the earlier described aspect of your invention as well as any improvements or additions. With most provisional patent applications the rule applies. Thus, the approach to provisional patent applications is to make sure you have all the disclosure we need later when we will prepare the nonprovisional patent application.

This can include attaching one or more supplemental documents to a drafted provisional patent application, it can and usually does include filing many drawings, sketches, and even photographs.

Assuming you have filed an appropriate provisional patent application you can market the invention without fear of losing patent rights, generating cash to proceed with development or further patent activities. In other words, the provisional patent application is an interim step along the road to a patent. In many, if not most or even nearly all, situations the invention as you initially conceive of it will not be the invention that you ultimately want to patent.

Many times you will come up with an invention and want to protect it but you know you will need to continue working on it. There are things you want to make better, things you need more time to research and develop and in many cases you are seeking to obtain patent pending status before you have 3D renderings, engineering drawings or even an intermediate prototype. This is why the rule almost always applies to drafting of provisional patent applications. As you progress forward with your invention you learn more each step of the way.

It is best to file a patent application as soon as possible, so consider filing a provisional patent application as soon as your invention is concrete and tangible enough to describe. Then as you make improvements you can file another provisional patent application if your want, or just move to a nonprovisional patent application.

If you are working on your invention you should not be filing a nonprovisional patent application because you cannot add new subject matter to a nonprovisional patent application. You can, however, wrap together any number of provisional patent applications that have been filed within the last 12 months when you file your nonprovisional patent application. Thus, provisional patent applications are absolutely ideal when you have something that could be protected now but you are continuing to work on refining, perfecting and supplementing the invention.

Another key benefit of a provisional patent application is that the Patent Office will not do anything with the provisional patent application unless and until you file a nonprovisional patent application claiming the benefit of the priority of the provisional patent application filing date. In my judgment the benefits are enormous. Critical to remember, however, is that a carelessly prepared provisional is a complete waste of time and money.

As already eluded to, if you want to obtain a patent you are eventually going to have to file a nonprovisional patent application with the U. Patent and Trademark Office. In fact, you will need to file a nonprovisional patent application within 12 months of the filing of your provisional patent application in order to claim the benefit of that provisional filing.

If you do file the nonprovisional patent application within 12 months then the filing date of your nonprovisional patent application will be deemed to be the filing date of your earlier filed provisional patent application, at least with respect to whatever you disclosed in the provisional patent application.