Provisional patent applications: what are they?

What is Pre-Closing Covenants Clause in An SPA

The provisional patent application is a legal document that allows an inventor to apply for a patent without filing a formal application. The filer of a provisional patent application has a year to determine whether their invention will make enough money to justify securing a patent. An invention’s size, design, or impression can be reserved solely for the inventor. Get to find more to file provisional patent.

What is the procedure for filing a provisional patent application?

In order to protect an inventor’s intellectual property, a provisional patent application must be filed. The reason why this is important is that without a patent application, certain aspects of a product, such as its size, design, or expression, are open for others to use freely and profit from. Provisional patent applications can be filed with the assistance of intellectual property lawyers who are well-versed in the process.

Provisional patent applications can be filed in six steps:

Invention Research: Step One

In order to file a provisional patent application, you must verify your invention’s exclusivity. It could be a waste of time to submit a provisional patent application if someone else already has the same idea or if it is too obvious. Ensure that your invention is new and unique before moving forward by doing your research.

To determine if your invention qualifies for a provisional patent application, you should conduct a patent search. To accurately vet your invention, you can perform a claim patent search at the United States Patent and Trademark Office (USPTO) or the World Intellectual Property Organization (WIPO) website.

The second step is to gather patent information

You should include plenty of product-specific information in your provisional patent application. Compiling as much information about your product as you can will help you prepare for the next steps. Compile and organize the following information:

  • Specifications
  • Drawings
  • Abstract
  • Invention status
  • Intended use

Step Three: Write a Coversheet

Every provisional patent application needs a coversheet. The coversheet should include all of the following information:

  • Names of all involved inventors
  • Inventors’ addresses
  • Name of invention
  • Name and credentials for attorney or agent and any applicable docket numbers
  • Correspondence address
  • An invention that is of interest to a government agency must be disclosed

Step Four: Prepare a Product Description

Provisional patent applications should also include a detailed description of the product. Specify the dimensions of the product. In this section of the application, please include any shop drawings, abstracts, or schematics. All relevant product details should be included in the product description so that it is as detailed and specific as possible.

Step Five: Review and Edit

Pay close attention to any spelling or grammatical errors in your application. Review any notes or outlines you used to prepare your application and ensure that all the information you have on your product is included in the provisional patent application.

Step Six: Submit Application

The USPTO recommends that you file a formal patent application within 12 months after submitting your provisional patent application. It’s important to keep in mind that provisional patent applications cannot be renewed or extended. Filing fees range from $65-$280 for the application.

You can begin selling, marketing, and even further developing your invention as soon as you submit your application. It is possible to submit an application digitally via fax or email, in person, or by mail.

Read more 

Common FAQ on Provisional patent applications

Difference between provisional and non provisional patent application

How to turn a provisional patent into patent 

Points to include in the provisional patent