Protect Your Invention with a Provisional Patent Application

What is provisional patent application?

A Provisional Patent Application is a preliminary step in the patent process that allows inventors to establish an early filing date for their invention without going through the full requirements of a formal patent application. It’s less expensive and faster to file, but it only lasts for 12 months. During that time, you can use the “patent pending” status, which indicates others that you’re in the process of securing patent rights.

Is it useful to file a Provisional Patent?

As an inventor, protecting your idea is a top most priority. A Provisional Patent Application (PPA) is an excellent type of application to help you secure your invention while giving you time to refine and develop it further. This blog will walk you through what a PPA is, and its key features, and how to file one.

Who can file provisional patent application (PPA)?

• Anyone with a new invention can file a Provisional Patent Application (PPA). This includes individual inventors, small businesses, start-ups, research institutions, and universities.
• The key requirement is that you must be the inventor or own the rights to the invention. While you don’t need to be a patent lawyer to file a PPA, but getting legal advice can be helpful to ensure everything is done correctly.
• Essentially, if you’ve come up with something new and useful, you can file a PPA to protect it.

When should we file provisional patent application?

When your creation is at a stage where it can be clearly described but may still require improvements, it is advisable to submit a Provisional Patent Application (PPA). Filing a PPA allows you to secure an early filing date, which is crucial in the “first-to-file” system. Additionally, the PPA gives you 12 months to further improve or test your invention before deciding to file a full, non-provisional patent application. This approach helps protect your idea while buying time to explore its potential or attract investors.

Key Benefits of a Provisional Patent Application:

• Lower Cost:  It is much cheaper to file a provisional patent than a non-provisional one, this is perfect for start-ups or individual inventors.
• Simple Filing Process: This application does not ask for formal claims, it just need detailed description of your invention.
• 12 Months of Protection: You have a year to further develop your invention or test its market potential while your idea is “patent pending.”
• Early filing date: By filing a PPA, you establish a filing date for your invention. This date is crucial because it can determine who has the rights to the invention if similar patents are filed later. The early date gives you a significant advantage in the patent process.

Is a provisional patent worth it?

A provisional patent can be worth it, but it depends on your situation. It’s a good option if your invention isn’t fully developed yet, as it gives you 12 months to work on it while securing an early filing date. It’s also cheaper to file and less formal, making it easier to start the process. Plus, you can use the term “patent pending,” which can help attract investors or show the market that you’re serious about your idea.

However, it doesn’t grant you a patent by itself. If you don’t file a full non-provisional patent within 12 months, the protection disappears. Also, since it’s not reviewed by the patent office, there’s no guarantee your invention will eventually be patented. If you’re ready to fully protect your invention right away, skipping the provisional patent and filing a non-provisional patent could save you time and money.

How to File a Provisional Patent Application:

• Prepare a Detailed Description: Clearly describe how your invention works and its unique features.
• Create Drawings: Add any diagrams or drawings to show your invention more effectively.
• Complete the Online Application: Visit the relevant website to fill out the provisional patent application form.
• Pay the Filing Fee: The cost is typically lower than a full patent application.
• Track deadlines: you have 12 months to file a non-provisional patent application after submitting your provisional patent application. If you don’t file within this time, your provisional patent application expires and you lose your priority date.

What Happens After Filing?

Once your provisional patent application is filed, you’ll have up to 12 months to submit a non-provisional application. During this time, you can upgrade your invention, seek investors, or test the market without worrying about someone stealing your idea.

Is it possible to extend provisional patent application?

A provisional patent application is a way to establish an early filing date for your invention. However, it is important to note that a provisional patent application itself does not get extended. It lasts for 12 months from the filing date, after which it expires if no further action is taken.

If you are concerned about the timing, consider starting the non-provisional application process as soon as possible. Alternatively, if you are not ready to file a non-provisional application within the 12 months, you’ll need to file a new provisional application, which will establish a new filing date, but this is a separate process and not an extension of the original provisional application.

Conclusion:

Filing a provisional patent application is a smart and affordable way to protect your invention while you develop it further. With this simple step, you will be well on your way to securing a full patent and bringing your idea to life.