If you have a new idea for something, you may want to begin with a provisional patent application. This is an invention disclosure document that allows you to secure a priority date for a provisional application.
With a provisional application, you do not need to meet all of the formal filing requirements of a non-provisional application. The formal requirements include formal drawings and specifications, among many other intricate details.
Once you file a provisional patent, you are permitted to state that your invention has a patent pending. This provisional patent application lasts for 12 months from the date of filing. You should know what to do next to prevent losing the benefits of a provisional patent.
What Is the Point of a Provisional Patent?
Filing a provisional United States patent serves as a placeholder, allowing you to get an early filing date as you work on further development of your invention. Once your provisional application is filed, you can start securing the funding you need for a non-provisional application before the 12-month period ends.
Another reason for filing a provisional application with the United States Patent and Trademark Office is that it can expedite the process. However, your provisional patent does not give you any legal rights regarding your invention. It only allows you to advertise your patent pending invention and secure an early filing date. You will eventually need to file a non-provisional patent application for your creation.
Benefits of Provisional Patent Applications
Filing a provisional application is ideal if you are trying to get the funding you need for your invention or you need more time to fine-tune your invention. One benefit of the provisional application is that it is simple. Another benefit of a provisional application is that the costs are lower that filing a non-provisional application, while giving you the luxury of time to perfect your invention.
Simplifying the Process
The patent process can be lengthy and complicated, but a provisional patent holds your place until you’re ready to proceed. You can use anything that illustrates your idea when you file your provisional patent application, even in its most basic form, while you complete it.
Lower Costs
Since your provisional patent isn’t examined, you have a smaller filing fee. You will secure your priority date with the United States as a first to file country while getting to use ‘patent pending’ when you advertise your invention.
Buying Time
After filing a provisional patent application, you get some extra time while holding your place. You will have 12 months from the date of filing to proceed with filing a non-provisional patent application. Having more time to develop your creation before investing more resources into it is priceless because it lowers your risk while you work out the finer details.
Is a Provisional Patent a Good Idea?
A provisional patent may be ideal if you don’t yet have enough finding or need to continue development to perfect your creation. This gets you an early filing date without the traditional expense.
Advocates for patent protection can help you decide if the provisional patent is right for you. In Fort Lauderdale, contact Tucker Law to get the legal advice you need.
