How do provisional patents work?
A provisional patent protects an inventor’s place in the queue for a USPTO patent review and presents enough information to distinguish the inventor’s work from someone else’s.
In addition, a provisional patent allows the inventor to use the phrase “patent pending” to describe it. It informs anyone who might copy the inventor’s work that, if the inventor is eventually granted a patent, the potential infringer might be liable for patent infringement from the filing date. Get to know more about provisional patent requirements.
Is there a process for applying for a provisional patent?
When compared to a full patent application, a provisional patent application is easier to complete. Inventors, the fee, and drawings are the basic requirements. The USPTO can correctly recognize a provisional patent application even though it is relatively straightforward.
An inventor can prepare and submit a provisional patent application on their own; alternatively, they may hire a patent attorney.
It is important to note that provisional patent applications do not grant any legal protection against other people copying the invention. After submitting the provisional application and establishing an early filing date, the next step in filing a full, nonprovisional patent application should be taken.
A full nonprovisional patent application may be revised and reapplied for if it is disapproved and a provisional patent has expired. USPTO rejections can be appealed if they occur twice.
Can you tell me how much a provisional patent costs?
In the time of writing this article, a provisional patent application with the USPTO costs between $70-$280, depending on the size of the entity. Provisional patent applications are entitled to be described as “patent pending” for 12 months after filing.
Provisional patents: what are the benefits?
Provisional patent applications have numerous advantages. The following are a few things to keep in mind:
You can write your own application.
It is much cheaper than filing a nonprovisional patent application.
It may take up to 12 months for the invention to be considered “patent pending” after a provisional patent application is filed.
In the “patent pending” period, one can approach manufacturers for quotations, potential buyers, and marketing professionals.
A prototype can also be built and tested during this time, leading to valuable discoveries.
A nonprovisional application may not be filed first if one waits to file.
Prior art should always be searched during the “patent pending” period. Check the claims of the patents that already exist and look for missing elements, such as manufacturing methods. Patented ideas often lack a specific production plan.
Click here for more information on conducting a prior art search
Patents for the manufacturing techniques can also be applied for if the inventor knows how to create the invention. Inventors may find a way to produce their concepts in a more efficient manner by discovering a system or method that makes this possible.
What are the downsides of provisional patents?
A provisional patent application cannot be extended beyond its one-year deadline. In legal terms, if one does not file a nonprovisional application within a year, the filing date and benefits will be lost.
Nonprovisional applications are also typically filed based on the provisional application’s filing date in many other countries.
A nonprovisional application that benefits from a provisional patent application in the United States might have to be filed concurrently with an international application.
Additionally, if a provisional patent application does not sufficiently explain everything claimed in a subsequent nonprovisional application, the elements added to the subsequent nonprovisional application may not reflect the filing date of the provisional patent application, which may affect its patentability.
Provisional patent facts
Provisional patent applications are valid for one year.
It is not possible to extend or renew a provisional patent application.
It is not possible to file a provisional patent application for a design.
Provisional patent applications are not examined by the USPTO.
USPTO prior art searches do not apply to provisional patent applications.
To ensure that provisional patent applications meet the requirements for filing, the USPTO reviews them.
A provisional patent application is not published by the USPTO (unless it is claimed as priority to a later-published or issued nonprovisional patent application).
When applying for a provisional patent, the term “patent pending” can be used.
Read more
Common FAQ on Provisional patent applications
Difference between provisional and non provisional patent application