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How To File For A Provisional Patent?

Provisional Patents are the legal documents filed with the United States Patent Trademark Office (USPTO) to establish an early filing date for an invention. It has been around since 1995 to offer inventors the cost effective option for filing in the US. It ensures parity with foreign applicants and establishes an early filing for the inventions. 

 

Benefits of Provisional Patent Application

 

A Provisional patent application is a preliminary step. It grants you the ability to declare that your invention is "patent pending" thereby serving as a lawful deterrent to potential infringers. 

 

It provides affordability and flexibility, allows inventors a year to refine their product, conduct market research, and seek funding. It's less expensive than a non-provisional patent and doesn't require formal claims or disclosure statements.

 

This can significantly benefit the inventors in navigating the patent process.

 

Describing Your Invention for Patent Protection

To secure a provisional patent, thoroughly describe your patent in detail including its function and construction method. Use both words and illustrations including drawings, flowcharts, schematics, and photographs alongside written explanations to aid comprehension. Although not mandatory, incorporating drawings aids how to build and utilize the invention. Ensure visuals align with the textual descriptions. This process establishes clarity and safeguards your inversion effectively.  

 

For provisional patent drawings, there are no strict rules. They just need to be clear and fit in the folder. You can use black and white photos computer-made or hand-drawn.

 

Filing Provisional Patent Application

Once you know your invention well and if it's eligible for a patent, you can fill out the form for patent application. 

 

The application should include:

 

  • Title of the invention

 

  • Name of all the inventors

 

  • Correspondant Address

 

  • Written descriptions of the invention

 

  • Necessary drawing for better understanding

 

Filling an application through USPTO is not a hard process. The USPTO accepts applications through the Electronic Filing System (EFS-Web) or may be filed by mailing.

 

Paying the Filing Fee for the Application

You also need to pay a filing fee, which can differ depending on the size of the product. The standard filing fee is $300. Small entities pay$150, micro entity pay $75 for provision patents. Micro entities meet specific criteria: no more than 500 employees, not named on more than four utility patents, and gross income exceeding three times the median household income for the preceding year. 

Tracking Your Provisional Patent Application

You can check the status of your patent application on the (USPTO) website. Use the Trademark Status and Document Retrieval system anytime. After filing you will get a serial number on your receipt. The Patent Application Information Retrieval (PAIR) system helps check the application system by following steps:

 

  1. Visit the USPTO website.

 

  1. Select "New Case".

 

  1. Enter the application number on your receipt.

 

  1. Enter the captcha code displayed on your screen.



The status of a US patent depends on whether it has been published. 

 

Benefits, Risks, and Strategies of Provisional Patents

Filing a provisional patent application initiates a 12-month window for a non-provisional application. Failure to file within this timeframe risks losing provisional benefits. A provisional patent alone doesn't grant a patent, a non-provisional application is necessary. 

 

However, it allows you to label your invention as "patent pending" for 12 months. Yet, no patent is issued from a provisional patent, serving as a placeholder. This incurs additional costs and doesn't guarantee patent issuance.

Conclusion

If you possess a groundbreaking invention so jump into the provisional patent process. The avenue proves it's cost-effective and adaptable. You just need to describe your invention well, file the application, pay the fee, and keep monitoring its progress. Remember

provisional patent bestows certain advantages, they represent only in the start. You will need a non-provisional application for full protection.







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