Patents were created to help inventors protect their inventions from theft. While this is a wonderful benefit, patents come with their own disadvantages. In order to offer the best protection, it must be a lengthy process to become registered. The process is also quite expensive, including filing fees and the cost of preparing materials for the application. Worse, there is no guarantee that an invention will pay for its patent fees when sold in the market. In 1995, the United States Patent and Trademark Office introduced an alternative to the normal patent process to address these disadvantages. It is now possible to file a provisional patent application. Learn more about what a provisional patent is and how you can get one for your own invention.
What Is a Provisional Patent?
In many ways, a provisional patent is identical to a non-provisional patent. Both are put in place to create a record of an invention or idea’s creation, so any subsequent inventions that are similar can be proven as infringing on the original creation. The biggest difference is the filing process, the term of protection, and the time to be registered. It is faster and cheaper to register a provisional patent, but protection will only last one year. This gives inventors the opportunity to test their products at market to see if they have appeal and potential. Instead of spending a great deal of time, money, and effort establishing a full patent only to see the product fall flat with no way to benefit from the rest of the patent term, inventors can wait until they are sure the invention will be a success.
Benefits
The key benefit to having a provisional patent is the ability to test the invention in a real market setting without risk of theft. There are other benefits as well, however. These include:
- There’s a chance to search for a manufacturer, distributor, or verify any other variable that success depends on.
- It allows for the promotion of the invention, creating a reputation without increasing the chance of theft.
- Unlike typical patents, provisional patents are kept confidential and are not published.
- The information on the provisional patent can be changed at a later date.
- It is easier to convert a provisional patent to a full patent than to simply file a patent application.
- Multiple provisional patent applications can be filed at once.
- Inventors with a provisional patent can officially use the “Patent Pending” branding.
How to File
The essential appeal of a provisional patent is the easier filing process. Instead of including the Patent Application Declaration, Information Disclosure Statement, claims, and summaries, to apply for a provisional patent, you must only include a description of the invention, any drawings that help explain the invention, and the filing fee. Even though the application is for a provisional patent, an effort should be made to include the full scope of the invention in the description to facilitate the transition to a full patent.
How to Convert to a Full Patent
The final benefit of a provisional patent is the conversion process to a full patent. Instead of filing a patent application, inventors looking to make this transition should file a petition for a conversion. This application must be filed within one year of the provisional patent taking effect. If this term ends, a non-provisional patent application must be filed. If an inventor does choose to convert her or his provisional patent to a typical patent, the individual will enjoy a few additional benefits. First, the term of the patent is determined from the filing of the full patent, meaning an extra year of protection is provided. Second, the filing date is maintained from the provisional patent. This date is used when determining if a similar invention was developed before the patented invention was. Having the earliest date possible is an advantage.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.