Provisional Patent Applications
By Affordable Patent Agency, LLC
- Home
- Services
- Provisional Patent Applications
What is a Provisional Patent?
Looking for a Trusted Provisional Patent Applications Agency?
Why File for a Provisional Patent?
There are several reasons to apply for a provisional patent application.
You Need to Develop Your Idea into a Product
You need to develop a working prototype, but before you disclose your idea information to others to develop a prototype, you need to protect your idea by applying for a provisional patent. During one year of protection provided by the provisional patent, innovators can work on their ideas further, seek finance, or perform market research without fear of losing their patent rights.
You Need to Raise Money
You do not have the funds to file an expensive non-provisional patent and develop your idea into a product, so you file a more cost-effective provisional patent. After you file the provisional patent, you can raise money without fear of stealing your idea.
Getting a Patent Pending Status
This pendency period enables innovators to acquire a limited time protection for their idea while refining and developing it without needing to file an expensive patent application and get a pending status.
Getting the Earliest Priority Date
Critical Components of a Provisional Patent Application
Detailed Description of the Invention
Most importantly, utility patents provide inventors exclusive rights to their innovations for 20 years after filing, allowing inventors to profit from their inventions.
Cover Sheet
The application should include a cover sheet containing the following information set forth by USPTO:
- Name(s) of all inventors
- Inventor residence(s)
- Title of the invention
- Name and registration number of attorney or agent and docket number (if applicable);
- Correspondence address; and
- Any U.S. Government agency with a property interest in the application
Filing Fee
Inventors must pay a filing fee when submitting a provisional patent application to the USPTO.
Essential Things to Remember
Priority Date
Filing a provisional patent application establishes a priority date. This date becomes critical when multiple inventors work on similar innovations, as it determines who obtains the patent rights. According to patent law, the individual or company first applying for a patent on a specific innovation is often granted patent rights.
It's Not a Patent Right Yet
Understanding that a provisional patent application does not give any patent rights is critical. It is only a placeholder that specifies the priority date. To acquire patent protection, you must file a non-provisional patent application within 12 months of the priority date and complete all patentability standards.
Limited Duration
By law, a provisional application is immediately abandoned when its pendency term ends 12 months after the filing date. Those who fail to file a non-provisional application within this timeframe lose their chance to get the patent.
How to File a Provisional Patent
Common Mistakes to Avoid When Filing Provisional Patent
Poor Draft
A poorly drafted provisional application can harm your invention more than provide patent protection. Ensure that your patent application has a thoroughly written disclosure written by a patent attorney, lawyer, or patent agent.
Incomplete or incorrect government forms
File using the correct form provided by USPTO.
Failure to convert to non-provisional
Convert your provisional application to a non-provisional application within the 12-month pendency period, as failure to comply with this requirement will result in the abandonment of your application.
Having no claims
Although no claims are needed, adding one or more broad claims to demonstrate and explain your invention protection is best.
Connecting With a Patent Professional
Non-provisional Patent Applications
Frequently Asked Questions
1. Are provisional patents published?
Provisional patent applications are not published. However, if you convert them to non-provisional patent applications, they will be published 18 months after the filing date of the provisional application.
2. Are provisional patents worth it?
Provisional patents (or provisional patent applications) are worth considering. Inventors and businesses may benefit from provisional patents, especially when there is a need for an early filing date to obtain patent pending status quickly and affordably, when more time is required to refine the invention, or when financial resources are limited. A qualified patent attorney or agent should always draft a provisional application to ensure sufficient support for the subsequent non-provisional application. It is important to consider the invention’s development timeline and business strategy carefully before deciding whether a provisional patent application is appropriate. Please contact us for a free initial consultation to determine the appropriateness of provisional versus non-provisional.
3. What is a provisional patent?
A provisional patent is a temporary, low-cost patent filing that lets inventors get the earliest priority date. Inventors have one year to develop their ideas and decide whether to file a non-provisional patent application.
4. What is the purpose of a provisional patent
Use provisional patents to establish the earliest priority date and attain patent pending status for your innovation while deferring the cost of filing a non-provisional patent. It gives you a one-year grace period to improve your innovation or evaluate its market potential before committing to filing the formal and more comprehensive non-provisional application.
5. Does a provisional patent grant patent rights?
No, provisional patents do not provide patent rights. It’s a temporary filing to get you a priority date. To get a patent, file a conventional non-provisional patent application within a year.
6. How long does a provisional patent last?
Provisional patent applications survive 12 months from the filing date. If you file a non-provisional application before expiration, you retain your priority date.
7. What is the difference between provisional and non-provisional patents?
A non-provisional patent is a formal application that undergoes inspection and grants complete patent rights, while a provisional patent is a transitory placeholder for the non-provisional application. The USPTO assesses patentability for non-provisional patents but not provisional.
Hire a Reliable Patent Agent
Looking for a Trusted Provisional Patent Applications Agency?
Contact Affordable Patent Agency, LLC
Affordable Patent Agency, LLC
4131 N. Central Expressway, Suite 900, Dallas, TX 75204
(855) 444-1946
Our Services
Looking to Patent your Inventions & Innovations?
Choose Affordable Patent Agency for all your patent needs & applications.
Resources
Contact Details
- (855) 444-1946
- info.affordablepatent@gmail.com
- 4131 N. Central Expressway, Suite 900, Dallas, TX 75204
- 400 Washington Avenue, St. Louis, MO 63102
- Greenway/Upper Kirby, 24 Greenway Plaza, Suite 1800, Houston, Texas 77046
- 10201 S Padre Island Dr Suite 102, Corpus Christi, TX 78418