Provisional Patent
A provisional patent application is a temporary patent application
in the United States that reserves a filing date on an idea without subjecting the application
to all the requirements of the United States Patent & Trademark Office (USPTO). Provisionals
have a smaller filing fee, are not examined, and last for one year before expiring.
Before the provisional expires, the applicant/inventor must file a non-provisional
patent application claiming priority to the provisional (your patent attorney knows what this
means). If it expires before the second patent application is
properly filed, the benefit of the provisional is lost.
How to get a provisional patent...
Making Money With Provisional Patents
Just like regular patent applications (non-provisional and design), these short term patents
can be sold. This means, if your idea is good enough, and you are able to drum up interest,
you can file the provisional and then sell the idea.
Also, you can use your provisional application to "buy" your way into ownership
in a company. Many inventors will do this in order to build a business around their idea.
Many product development, sales, and marketing companies like QVC and Home Shopping Network
will require that you have a patent application filed on your product before they will let
you sell through their network.
Having a provisional filed can be the door to making money on your idea!
Why They Are So Good
- Location, Location, Location - having an early priority date on an idea is just like having a great location in real estate; it can mean everything for the value of the property.
- Show Me the Money! - Provisional patents cost a lot less than normal patent application. Sometimes you can file three or more provisional patents for the same cost as one non-provisional.
- Need for Speed - if you need protection NOW, a provisional application can be filed much more quickly than a non-provisional application. There is a lot less paperwork and you can even send in handwritten material. If you are truly desperate, it can be drafted and filed in an evening.
Drawbacks
There are a few drawbacks to using a provisional application:
- Delay - you don't actually "get in line" to be processed until you file your non-provisional, so starting with a provisional can delay the registration for up to a year.
- Double Trouble - the deadline for filing your non-provisional application is one year from the date of your provisional patent. The deadline for filing your foreign patent application is one year from the date of your provisional patent. If you don't prepare ahead of time, or if you take too long to get ready, you could be too poor to file everything you would like.
- It's More Complicated - by adding a step in the process for your patent application you make the "file history" more complicated. That makes everything just a little more expensive later, including litigation and enforcement (though it makes it more expensive to defend too, so the other side gets hit as well).
Common Mistakes
Avoid these common mistakes with provisionals:
- My Deadline is Tomorrow?! - pay close attention to your one year deadline. If it sneaks up on you, you might put your whole invention in jeopardy.
- I Just Filed my Notes - unless you are very pressed for time, don't just file your notes, chances are they will have information you want kept private and won't include everything you need for success. Be sure to properly describe your invention. It has to be described well enough that it can be built from your description. In legal terms you must meet the "written description" requirement and the "enablement" doctrine and do so without shooting yourself in the foot by describing "too much."
- Too Many Cooks! - If you list somebody as an inventor and they are not actually an inventor, you can ruin your provisional patent. It is the same thing if you leave somebody off. Don't add somebody because they are your friend, boss, lover, friend of your boss, your boss's lover, your friend's boss's lover, or any combination. Just don't do it!
Summary
Provisional patents are great! You can say patent pending your product; you can tell people about your idea; you can sell it on TV; you can get on with your life and make some money from a random thought! Get it done right and you can make it happen faster, better, and cheaper than going the regular route. Good luck!
Provisional Patent Application How to go about filing a provisional application.
Provisional Patent Sample Helps you to understand what goes into a provisional patent.
How To Get A Provisional Patent A kit for filing a provisional patent.
© 2008-2009 iFish - New Inventions Success
Mike Starkweather
Patent Attorney
Mike was a patent examiner at the United States Patent Office. While there he examined over 300 patent applications. This experience has helped him to understand all the subtleties of getting a patent. You want that experience on your side.
Mike is extraordinarily creative in finding patentable features. Sometimes it requires thinking outside of the box to find the patentable features of an invention. He has an expertise at finding ways to get patents on new inventions that other patent professionals would not consider.
For a free consultation with Mike about your invention fill out and submit the form below
