Provisional Patent Applications

By Affordable Patent Agency, LLC

What is a Provisional Patent?

A provisional patent application filed with the United States Patent and Trademark Office (USPTO) allows innovators to establish a priority date for their invention quickly and cost-effectively. 
 
In contrast to non-provisional patents, which may offer complete protection for 20 years, provisional patents give interim protection for 12 months. You cannot extend the 12-month pendency period. Safeguard your innovative concepts by utilizing the Provisional Patent Application service offered by the Affordable Patent Agency. 
 
Innovation is vital to progress, and we understand the urgency of securing your ideas quickly and affordably. Our dedicated team of experts ensures the protection of your intellectual property at the speed of your creativity by guiding you through the seamless process of filing a Provisional Patent. Affordable Patent Agency is committed to making innovation accessible. With our Provisional Patent Application service, you can lay the foundation for your inventive future without breaking the bank. Don’t just develop ideas; initiate protection with the Affordable Patent Agency. 

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

Obtaining the earliest priority date is crucial in the patent application process because the USA follows a “first-to-file” patent law system. The priority date assesses the novelty and non-obviousness of an invention from the established date.
 
Inventors also file provisional patents to discourage others from copying them. During the pendency period, inventors can also manufacture and market their inventions.

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

There are two ways to file a provisional patent. It can be filed electronically or by mail.
 
The USPTO charges a significant surcharge if you submit your provisional application and filing fee by mail to the Commissioner of Patents. Filing electronically through the USPTO’s EFS-Web system is more cost-effective.

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​

With the complexities of the patent process, it is crucial to have a patent attorney or agent who can provide legal and technical expertise.
 
Patent professionals thoroughly search existing patents, published patent applications, and non-patent publications to ensure that no similar intervention was previously published. During this consultation, the patent professional evaluates the invention’s technical details, novelty, utility, and potential patentability.
 
The patent attorney or agent collaborates with the inventor to create a detailed written description of the invention. This description must be clear, complete, and thorough to enable someone skilled in the field to make and use the invention.

Non-provisional Patent Applications

Interested in more patent offerings? Delve into our Non-provisional Patent Applications to explore how we can aid in protecting your intellectual property!

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

Affordable Patent Agency, L.L.C. is a USPTO-registered firm. The firm boasts timely quality services. Bela Malik, Ph.D., a trusted patent practitioner in Dallas, manages the firm.
 
“Our patent firm offers patent services for every type of patent filing. We will assign you a patent attorney or a patent agent who will assist you in every step of the patent filing process,” the company says. Contact us to get in touch with a patent professional.

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

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