Provisional Patent Process To File A New Application

Discover the comprehensive provisional patent process to file new applications with the USPTO. Obtaining provisional patent protection can safeguard inventions before filing the non-provisional utility patent. The provisional patents protect inventions for 12 months. During this period, inventors can reach out to investors and test their product’s commercial applications. If required, inventors can also implement necessary refinements to increase the likelihood of future patent approval. As a novel inventor yourself, obtaining a provisional patent could be an affordable way to start protecting your invention from competitors and potential copycats. Plus, the patent-pending status in the United States can help establish an early filing date for your invention. Keep reading to learn the provisional patent process for filing a new application.

Consider If You Need A Provisional Patent

First, consider if your invention needs to go through the provisional patent process or not. You may also get a provisional patent when your invention is still in development. Filling a provisional patent will help you to move into production and distribution of your product, preventing it from getting copied. Additionally, if you are going for a pitching session with your invention to seek investment, it will help you to protect your idea. USPTO’s ‘first-to-file’ rule always favors the first candidate while issuing patent protection. For competitive products, getting your patent filled with all the paperwork will get the process started quickly. Definitely, get in touch with a professional attorney to know if you need a provisional patent.

Prepare Your Provisional Patent Filing Information

The next step of the provisional patent process is to prepare application filing information. Your application must contain the necessary information for seamless approval. This information includes – a written description, names of all inventors, relevant addresses, and a cover sheet. To write a compelling description, add product uses, design structures, and real-world applications. In some cases, your patent application may also require relevant drawings to describe the invention. These drawings may include sketches, illustrations, flowcharts, and photographs. Partner with an experienced attorney to ensure your application complies with provisional patent requirements. Professional patent attorneys help gather necessary information on your behalf. Definitely, prepare the necessary information to file a provisional patent application.

File Your Provisional Patent Online

USPTO’s provisional patent process allows inventors to file an online application. Ideally, start the provisional patent process before public disclosure or as early as possible. While submitting an online application, you’ll be required to pay accompanying fees. These filing charges primarily depend on your invention’s classification – large, small, or micro. Top-rated patent attorneys assist inventors throughout the patent filing process. In fact, these experts can complete and submit the entire application with USPTO. Before filing, your attorney may ask several questions to understand your invention. Indeed, get in touch with a patent attorney to file your provisional patent online.

Follow Provisional Patent Filing Dates

Inventors should follow provisional patent filing dates for a seamless process. You can file a provisional patent application within 12 months of public disclosure of the invention. Note that the publications, use, sale, or other activity about the invention to the public qualifies as public disclosure. Even though pre-filing disclosure is protected in the United States, it may prevent you from obtaining patents in other countries. However, a disclosure more than 1 year before can cost investors a patent even in the US. Although it is necessary to submit a drawing with the application, you will receive a filing date regardless. However, it is crucial to note that the drawing cannot be added after the filing date. Moreover, you can’t modify or edit applications that do not comply with the patent statute and all application regulations. Certainly, follow the proper provisional patent filing dates for a flawless process.

Avoid Common Provisional Patent Filing Mistakes

With the provisional patent process, avoid common filing mistakes for immediate approval. Provisional patents are non-renewable and always expire after 12 months. Do not file a provisional patent if you need more than a year to submit the utility application. Additionally, avoid writing a brief description while submitting your patent application. Instead, include as many relevant details as possible to clearly describe the invention – considering USPTO keeps this information private. You should also watch out for inexperienced patent attorneys or agents. Working with these agents may risk patent approval from the USPTO down the road. Instead, choose a reliable patent attorney with years of filing experience. Indeed, avoid these common filing mistakes to complete your provisional patent process.

Inventors can follow a straightforward provisional patent process to file a new application. First, consider if your invention requires a provisional patent or not. Next, prepare your patent filing information – including a comprehensive description, inventor details, and relevant drawings. Once you have the necessary information, hire a provisional patent attorney to draft and submit an online application. Comply with patent filing dates to protect your invention on time. Additionally, you should avoid common mistakes for seamless approval from USPTO. Follow the points above to learn about the provisional patent process.

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