What Is The Patent Pending Process For Provisional Applications?

Discover the comprehensive patent-pending process to file provisional applications. Filing a provisional application initiates the process of securing exclusive IP rights for novel inventions. Typically, this legal procedure may help sell, market, or license a new IP in future. In the United States, patent pending status also restricts potential competitors from stealing an idea, process, or product. As a novel inventor yourself, follow the step-by-step process to obtain a provisional patent. This way, you can secure an early filing date for your original idea. In the United States, an early filing date gives priority to an invention – increasing the odds of USPTO patent approval. Read on to learn more about the patent-pending process for provisional applications.

Conduct Patent Pending Search

The patent pending process for provisional applications begins with a comprehensive patent search. USPTO provisional patent search identifies if an idea is unique, novel, and non-obvious. Evaluate existing patents and provisional applications to look for similar inventions. You can also hire a professional patent attorney to navigate the time-consuming and complex patent search process. Experienced attorneys evaluate existing USPTO, Google, and online databases to find similar inventions. Additionally, top-rated lawyers can interpret technical language faster – speeding up the entire patent pending process. As a result, you can prevent unexpected costs, USPTO rejections, and other common roadblocks. Definitely, patent pending search is the first crucial step in the patent pending process.

Prepare Provisional Patent Cover Sheet

The next step in the patent pending process includes preparing the provisional application cover sheet. Your cover sheet must include relevant information to describe the invention clearly. Name all the inventors, add correspondence addresses, and write a relevant title for your invention. Additionally, you must add the name and registration number of your patent attorney. If required, your attorney may ask you to attach a written description, drawings, and formal documents – along with your cover sheet. A well-written and clearly described cover sheet increases the odds of USPTO approval. Indeed, prepare a provisional patent cover sheet in the next phase of provisional application filing.

Submit Patent Pending Application Fees

At this point in the patent pending process, it is time to submit provisional application fees. Typically, patent-pending fees depend on business type, subject matter, and technical difficulties. In general, self-prepared provisional applications cost between $60 to $300 for USPTO filing. This minimum government filing fee is different for small, mid-sized, and large entities. Additionally, you have to pay the attorney fees to submit a high-quality application. Many patent attorneys charge between $2,500 to $15,000 – based on business size, invention type, and project complexity. Work with a fixed-fee experienced patent attorney in New York to avoid unexpected hidden filing costs. Indeed, submit the patent pending fee to successfully file your provisional application.

File Your Provisional Patent Application

Now, you are ready to file your provisional patent application. It is common for inventors and patent attorneys to submit provisional applications electronically. Top-rated attorneys may take up to a few days to prepare, submit, and file your application. After filing, USPTO examiners compare your invention to other patented applications. Professional patent lawyers suggest filing a provisional application as early as possible. USPTO follows the ‘first-to-file’ (FTF) system to grant the patent pending status. A quick approach can help secure an early filing date for your utility patent in future. Indeed, file a provisional patent application to complete the patent pending process.

Label Your Invention As ‘Patent Pending’

After provisional application process is completed, you can label your invention as ‘patent pending’. A ‘patent-pending’ label serves as a warning to potential competitors – restricting others from copying your idea. Many novel inventors leverage patent pending status to create marketing, licensing, and investment opportunities. You may simply mark your products, packaging, or advertisements with a simple ‘patent pending’ phrase. Or, simply add a ‘patent applied for’ to label your invention. Of course, you can label your invention without the patent serial number. Indeed, label your invention as patent pending at the end of the provisional application process.

There’s a comprehensive patent pending process to file provisional applications. Start the process with a comprehensive prior art search to look for similar inventions. Next, work with your patent attorney to prepare a detailed cover sheet that includes relevant invention details. The next phase of the provisional patent process requires inventors to submit the formal USPTO filing fees. At this point, your attorney will file your provisional application with USPTO. After filing, label your invention as patent pending to leverage new marketing, licensing, and investment opportunities. The above points explain the detailed patent pending process for provisional applications.

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