Many inventors and entrepreneurs have a misunderstanding about what is commonly referred to as a provisional patent. The first thing that must be said is that a provisional patent drafting services does not exist. A provisional patent application is what you should file instead. Like any other patent application, a provisional patent application effectively stops the clock on so-called statutory bars, and you can state you have a patent pending immediately after filing one. When done correctly, provisional patent applications are an excellent method to take the first step toward obtaining a utility patent.

provisional patent

What is a provisional patent?

A provisional patent functions as a temporary utility patent that the patent office manages. It does not require any claims, oaths, declarations, or disclosure agreements to be submitted. Even in the absence of such documentation, a provisional license protects the patent owner’s idea or product. It has a one-year validity period, after which the owner must file a standard patent application. The owner of a provisional patent has the authority to use the tag Patent Pending while dealing with manufacturers and dealers. A marking like this also serves as a deterrent to those who want to profit from the concept of creation. It serves as a low-cost preliminary step before filing a non-provisional patent application. The extra year of protection allows the inventor to assess the product’s market potential and promote it.

Provisional patents have several advantages.

The benefits of provisional patent drafting services over a regular or non-provisional patent application are numerous. The most important is the priority date. An earlier priority date on a patent application could be the difference between a breakthrough invention and failure. Furthermore, because the cost of drafting and filing a provisional patent application is typically 1/4 of the cost of a regular application, it is a cost-effective, genuine, and reputable method of registering your invention with a patent office.

  1. Lower cost and faster preliminary process

The fee for filing a provisional patent application is substantially lower than filing a non-provisional patent application. The technological requirements have also been simplified. This means that preparing and filing a Provisional Application will require less time and money.

  1. Establishes a formal filing date with the USPTO.

Non-provisional patent applications filed within twelve months of the date of the provisional application have the benefit of “relating back” to the provisional application. This means that the USPTO will consider the earlier provisional application filing date as the official filing date if a dispute over invention ownership arises.

In the highly competitive race to patent an idea, filing a Provisional Application can be tremendously beneficial. Because the United States is transitioning from a “First-to-Invent” to a “First-to-File” system, your filing date will be the most crucial determinant of whether you—or someone else who filed first—gets a patent. You should still preserve your prototypes, notebooks, notes, and so on. Still, an early-filed application is now critical, and a Provisional Application for Patent is the quickest, easiest, and cheapest way to do it.

  1. One year to evaluate your invention’s commercial viability

You can use the one-year period of coverage provided by a Provisional Application to assess the commercial viability of your invention before committing to a Non-Provisional Patent Application.

  1. Notification of “patent pending.”

To use the “Patent Pending” or “Patent Applied For” designation before the provisional application for patent existed, an inventor is required to file a full patent application. After filing a Provisional Application, you can now do so. Infringement is deterred by the phrase “patent pending.”

  1. Extending the term of a patent

A patent is valid for 20 years from the date of filing a comprehensive patent application. You can effectively acquire 21 years of protection, commencing with your provisional filing date, by first filing a Provisional Application, which is valid for 12 months.

  1. Confidentiality

Because Provisional Applications are not made public, a Provisional Application for Patent does not jeopardize the confidentially of your application.

  1. Immediate acceptance

Examiners at the USPTO do not review Provisional Applications unless and until you file a comparable Non-Provisional Application. This helps you save time and money on the application.

When should you utilize a provisional patent?

When an invention is fully defined but will most likely require future modifications that can be completed within a year, a provisional patent application can be filed on the existing discovery.

It must be finished within a year so that a non-provisional patent can be submitted with enhancements while the provisional patent drafting services are still ongoing. The subject of the original invention detailed in the provisional patent can be taken before it’s terminated.

The cutoff date is one precaution to take while submitting a provisional application. The provisional request ends automatically at 12 months, before which one shall submit a normal or non-provisional application. If you miss the deadline and do not act during the next 12 months, you will not only lose your priority date, but you will also lose your right to patent that innovation.

To summarize, filing a provisional patent application is simple, quick, and inexpensive, and the benefits are numerous. As a result, it is advised to file a provisional patent application as soon as possible.


You may also likeHow Much Does It Cost to File a Patent: A Breakdown