Can a Provisional Patent be renewed?
Are you on the edge of making an innovative invention for the creation of a new good or a new Industrial Process? Then this article is necessary for you. The inventions are likely to be copied by anybody, everywhere in the word, if the same is not patented. An invention is patentable only if it is different, and there is no prior art (Data) relating to the existence of the intended invention before the date of making the patent application to the Controller General of the Patent. To evade the risk of any disclosure of the invention, while the invention is but at the stage of R&D, it is heavily recommended to File a Patent Application with the provisional term and submit the entire patent term within the next 12 months.
Many inventors usually decide to file a provisional patent in place of a regular, nonprovisional patent because provisional patents are less costly and need less preparation than filing a nonprovisional patent application. We often get the question: can a provisional patent be extended or renewed? We will solve this question below.
What is a provisional patent application?
First of all, there is no such thing as a “provisional patent.” Only a provisional patent application (sometimes called “PPA” or simply “provisional”) is valid. A provisional is a registration of a utility patent, which opens the door to acquire utility patent rights. A provisional application is temporary in nature and essentially useless if you fail to file a prompt, non-provisional application. When you accept a provisional patent application as a first door, then the non-provisional application is the second door you need to open over the next twelve months. In fact, a provisional is a substitute that buys you time. Let’s delve into how to draft an interim application.
Why file a provisional patent application?
To understand what makes a successful provisional, you must first recognize its intent. A provisional license grants you a one-year filing date and pending patent status. When you convert within the year to a non-provisional patent application, the non-provisional application will be backdated to the “priority date” of the earlier provisional filing date. Because this backdating advantage applies only to the material revealed in the provisional, any additional subject matter applied to the non-provisional does not advantage from the priority date. When you do not move, otherwise your temporary will be abandoned and will be unavailable to the public.
Overview of Patent Application Renewal
Filing a provisional patent application with the patent office provides inventors to secure an early filing date until the inventor registers a regular, nonprovisional patent application. Applicants require to file a regular patent application within 12 months of getting a provisional patent because provisional patent applications do not become patents. But, can you extend or renew a provisional patent? We answer this question in the following paragraph.
The short answer is: a provisional patent cannot be renewed. The patent office does not issue renewal for provisional patents. Provisional patents continue for 12 months and that’s it but are least protected for 12 months. During those 12 months, an applicant for a utility patent must file a non-provisional patent application to gain on the earlier filing date of the provisional patent.
If an applicant declines to file his regular, non-provisional patent application within 12 months of filing the provisional patent application, the provisional patent lapses, leaving other inventors who may have filed a patent application for the same invention to enjoy an advantage over our possible applicant.
Unless you have to, you can enjoy provisional patent state for longer, but you have to know that taking the steps we are about to reveal to you may cause some big problems, so please continue with caution. If your provisional patent is about to expire or has expired, you can make another provisional patent application that involves any improvements you’ve done to your invention, and file it with the patent office.
The situation in filing again a patent application
Now let’s go back to the inventor who filed his patent application for an invention that’s alike to yours after your first provisional patent application but before your recently filed provisional patent application. If your invention is identical or similar, he will now enjoy priority over you because by not filing a non-provisional patent application within 12 months of filing your initial provisional patent, you miss the advantage of claiming the earlier priority date.
This is so because, in the United States, the patent office provides priority not to the first person to invent something, but rather to the first person who registers his patent application with the patent office.
Just remember, refiling your provisional patent application or filing a subsequent amended provisional patent application issues with the result that you will lose the priority date from your first provisional patent application. So, if you’re not concerned about other inventors inventing something that same to what you’ve created, you can go ahead and file an additional provisional patent application. That said, you must consult with an attorney before performing any of these actions, particularly if your invention is valuable.
Filing a Non-provisional Patent Application Before the Expiration of Provisional Patent Application
Instead of letting your provisional patent to lapse, you can register a nonprovisional patent application that can mature into a patent. By filing a non-provisional patent application within 12 months of filing your provisional patent, you can proceed to market your invention as patent-pending while proceeding to enjoy the early priority filing date of your provisional patent.
If you previously have a provisional application that you’ve filed with the patent office and you’re going closer to the 12-month mark, you must contact an attorney to talk about your options. Making the right option can contrast with getting your invention patented and leaving the patent office with nothing but lawyer and patent application fees. Trademarkcart offers you both. The preparation of patent application along with lawyer to handle your part. We have a full-fledged team for this.
Options rather of Extending a Provisional Patent Application
Option 1: File the full non-provisional within 12 months of your provisional date and request to have this late claim accepted. Warning: This choice is only available if your delay was “accidental” and it comes with a steep price tag of at least $850 in expanding to all the other filing fees at the USPTO.
Option 2*: Re-file a copy of your provisional application. Note that this will provide you a brand new filing date and essentially re-start your 1-year clock. The benefit of this is that it’s affordable and easy. There are some large risks and drawbacks to this though
Option 3*: File a new provisional that covers all of your old stuff plus any new stuff you have combined over the past year. Like option 2 this is affordable and easy but begins with some big risks.
For both options 2 and 3, this allows your invention is either still secret or was created public or first sold less than a year ago. If your invention was made public or sold more than a year ago choices 2 and 3 are not available to you.
A provisional patent application cannot be renewed. Alternatively, you can either 1) Re-file a new one or 2) Extend it 18 additional months with a PCT Patent Application. So, filling the PPA and take care of its refiling every year. Apply with Trademarkcart.
It offers all the services related to the patent at the international level and especially in the US. So apply today.
Even you can ring us at the number: +1-3024672224 or mail us at [email protected]
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