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A provisional patent application is a legal document that permits an inventor to file a patent application without submitting a full patent application. Provisional patent applications offer the filer a year to see if their idea will be profitable enough to warrant obtaining a patent on their intellectual property. A patent can restrict an invention’s size, design, or impression to the creator alone.
A provisional patent application is an important initial step in safeguarding an inventor’s intellectual property. This is significant because, without a patent, some product characteristics, such as its size, design, or expression, are open to anyone to use and benefit from. Intellectual property attorneys may help with provisional patent applications and are familiar with filing.
A simple six-step approach is the simplest way to file a provisional patent application:
Verifying the exclusivity of your innovation is the first step in filing a provisional patent application. A provisional patent application may be a waste of time if someone else has previously developed an identical concept or if the idea is too apparent. Before moving on, be sure you perform your study to ensure that your idea is novel and distinctive.
A patent search is an excellent technique to ensure that your innovation meets provisional patent application standards. This may be done through the USPTO or the World Intellectual Property Organization (WIPO) websites. You can do a claims patent search using several keywords to validate your idea accurately.
Step Two: Gather Patent Information
A provisional patent application should contain a lot of product-specific information regarding the product you want to patent. To prepare for the following phases, you’ll need to gather as much information on your product as possible. Here are some bits of data you’ll need to gather and organise:
Step Three: Write a Coversheet
Any provisional patent application must include a cover sheet. Each application must contain a cover sheet that includes the following information:
Step Four: Prepare a Product Description
Another crucial component of a provisional patent application is a detailed product description. Include details such as the product’s size in your specifications. This application section should also include any shop drawings, abstracts, or schematics. Ensure all relevant product data in the product description, which should be as precise and explicit as possible.
Step Five: Review and Edit
Review your application carefully, paying specific attention to any spelling or grammatical problems. This is also a good opportunity to go through any notes or outlines you used to construct your application and double-check that the provisional patent application has all your information about your product.
Step Six: Submit Application
When submitting a provisional patent application to the USPTO, make sure you have the resources to file a formal patent application within 12 months after the provisional application’s submission. It’s important to remember that provisional patent applications cannot be renewed or extended; thus, timing is crucial. You should anticipate paying anything from $65 to $280 in filing costs when applying.
After completing your application, you may start selling, marketing, and even further developing your idea right away. Applications can be submitted digitally via facsimile or email, in person, or by mail.
Inventors choose provisional patent applications because they are substantially less expensive than ordinary ones. Patent attorneys can help make the process move more smoothly, but they aren’t necessarily required to write a successful application. Many innovators choose to generate their own applications to save money on marketing, product development, and even official patent applications and legal expenses.
When developing a provisional patent application, applicants should budget for the following expenses:
Inventors gain from provisional patent applications in particular. They are valuable because they prevent inventors’ work from being stolen by others. They also prepare the path for a legally binding patent to be filed within 12 months of the provisional filing date. In the end, provisional patent applications were designed particularly for the inventors’ benefit.
The following are some of the most significant advantages of submitting a provisional patent application:
Contact an experienced and trusted patent attorney before filing a patent application or developing an entire intellectual property strategy to get a patent soon. Still, a provisional patent application might be a wonderful first step toward securing your idea at a low cost.