Provisional patent applications have been accepted by several inventors to start the patent process without the cost of hiring a patent attorney. Unfortunately, while provisional applications are simpler to file than regular patent applications. The inventors usually forget that there are elements that must be met for a provisional application to make it valid.
What is a provisional patent?
A PPA is a document outlining your invention, but it’s much easier and less formal than a regular patent application and provides a smaller filing fee. It’s not needed to file a PPA, you can skip ahead to the regular application if you wish. But the meaning of the PPA is to provide inventors to build an early priority date for their idea. But, to hold on to that early priority date, you need to file the formal patent application within one year of filing the PPA.
In various countries, it doesn’t matter who initially invented an idea. The patent is provided to the first person who files the patent application (first-to-file). But the United States is unusual in that it practices the first-to-invent system, giving preference to the true inventor. As long as the inventor was involved in pursuing the inventor, he or she will be allowed to the U.S. patent. But, if the inventor is not the first to file, this can result in costly, time-consuming interference proceedings to resolve the dispute.
The United States Patent and Trademark Office (USPTO) hence introduced the PPA in 1995 to provide inventors a more natural way to build a priority date, as well as to assist them in getting foreign patents. Unlike a formal patent application, a PPA is not considered on its benefits. And if you fail to file a formal application within 12 months of the PPA filing date, you miss your priority date and nothing happens.
What to Include in a Provisional Patent Application?
If you noticed that a PPA is less precise than a regular patent application because it doesn’t get tested for its merits. For example, it doesn’t have to hold claims, that declare the legitimate scope of your invention. And are the most essential element of a formal application. But the PPA must involve some important factors if you wish to take hold of it effectively.
Most importantly, the PPA must hold a clear and full description of the invention. The description must explain in detail how to create and use the invention. If relevant, you must also include any drawings required to support the description. It’s smart to put as much information in the PPA as possible so that, later on, it can well support the formal application in case any dispute comes up that question’s priority. Beyond the description and drawings, you require to add a cover sheet.
Patent examiners usually induce inventors to file a PPA. It’s very important to file a PPA if you aren’t able to develop and test your invention right away. Without filing or making your invention (with records and witnesses), you’ll have trouble showing you were the first to invent.
As you might remember, utility and plant patents last for 20 years beginning on the date you filed the patent application. You are not allowed to file a provisional patent application for a design patent. But you can file a PPA without suffering that it will begin your 20-year patent term. Even a PPA provides you the advantage of the priority date, the term of the patent doesn’t start until the filing date of the formal patent application. But, you’re allowed to use the “Patent Pending” notice as soon as you file a PPA.
Benefits of provisional applications
- An important benefit of filing a provisional application is that the patent term for a regular US patent application claiming preference to a provisional application is determined based on the filing date of the regular patent application that is 20 years from the filing of the general application. This effectively increases the patent term by up to 1 year if the regular application is filed on the first of the provisional filing date.
- A provisional patent application is not directed to examination by the United States Patent and Trademark Office (USPTO) and errors after 1 year from its filing date, never maturing right into a regular patent application. If the provisional application is rejected without the filing of a regular utility patent application, the rejected provisional application is not printed by the USPTO. Conversely, if a regular patent application is filed within 1 year and claims priority to the provisional application, the provisional patent application becomes part of the file records of the regular patent application.
- The most universally seen benefit of a provisional patent application is the low government filing fee. In 2010, the fee for filing a provisional patent application as a small business was US$110. The reason for this minimum cost is that the application is not reviewed by a US Patent Examiner. So, there is no research or examination carried out. This low fee can be very profitable when trying to preserve technology with unproven market potential. But the low government fee and the fact that provisional patent applications can be registered without claims often invites inventors to file “quick” provisional patent applications, to add the additional disclosure and support material when filing a proper application one year later.
How does a Provisional Patent Application work?
The way to file a PPA application are :
Secure a Filing Date with the USPTO office
With inventing, it’s all regarding who invented it first. The United States runs on a system called first to file. That means it matters not who invented it first but who registered the patent application first. Filing a provisional patent application will make you a filing date, so you can be first to file before someone else.
Lasts for 12 Months
PPA Application saves the date of about 12 months. That date is protected for 12 months only. Before the provisional patent application expires, you require to file a non-provisional patent application to claim the date saved by the provisional patent application. If you do this, it’s like if you had registered your non-provisional patent application at the time of when you registered your provisional patents app. The non-provisional patent application will receive the filing date of the provisional patent application. But, if you don’t register a non-provisional application before the provisional app expires, the date preserved by the provisional patent application passes.
More economical Cost
A provisional patent application is less costly to file because it has fewer elements for filing than the non-provisional patent application. Many inventors register a provisional patent application beginning at a lower cost, then raise funds to file the full non-provisional application.
Easy to File
A provisional patent application can normally be filed faster than a non-provisional patent application because it has some requirements for filing than the non-provisional patent app. Many inventors register a PPA first fast, before revealing their invention to the public on a website or trade show. Then, take the time to request a non-provisional patent application to be registered before the provisional patent application expires in 12 months after its filing.
“Patent Pending” Status
A provisional patent application provides the inventor lawful usage of the term “patent pending”, letting others know that you have already registered for a patent application.
No Patent Rights Yet
Though, that a provisional patent application is not a patent though and you don’t have the lawful right to sue anyone for patent infringement yet. It’s a “save the date”. Only after you register a non-provisional patent application and it is supported by the US Patent Office, will you have original patent rights.
Temporary Protection
Your invention is preserved in the sense that it is registered with the US Patent Office for 12 months. Anyone applying for a patent application of the same invention will be after you in line. Also, you will be first available to get a patent. But, you get this security only if you register a non-provisional patent application before your provisional patent application expires 12 months after its filing. If you don’t register a non-provisional patent app before the PPA expires, the filing date of the provisional patent application disappears and your security is lost.
International
Not only does a provisional patent application save a filing date which can be applied by a United States non-provisional patent application registered within 12 months, but the filing date can also be used by most countries in the world. For example, you can file a patent application in Mexico before your provisional patent app expires, and that Mexico’s application will be able to claim the filing date that was saved by the US provisional patent application.
Not Tested
The provisional patent application is not reviewed which means the US patent office will not inform you whether your invention is different enough to get a patent. Alternatively, the provisional patent application is a “save the date”, saving a filing date that can be applied by a non-provisional patent application you register later, within 12 months of when you registered the provisional patent application.
We a Trademarkcart can help you prepare your best course of action and help you examine the costs and benefits of filing a patent application for your invention.
Apply with Trademarkcart. It offers all the services related to the patent at the international level and especially in the US. So, apply today.
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