Request for Provisional Patent: What is it?

One type of provisional patent application filed with the US Patent and Trademark Office is called a provisional patent application. According to the US Patent Act, which took effect in 2013, applicants who file patent applications for new inventions first have earlier effective filing dates than applicants who file later. Pre-registration is cheaper and allows you to quickly get the status of your first file.

However, provisional patent applications will not be evaluated for their content and no patents will be granted. During the preliminary filing period, the formal examination leading to the grant of a patent is delayed. This grants first filing status and records the invention date for up to one year. To obtain a patent for an invention, you must file a nonprovisional patent application.

Detailed Provisional Patent

A highly detailed nonprovisional patent application may be granted a patent after examination by a USPTO patent examiner. A granted patent provides full protection for your invention and can be enforced against others. You may also use the provisional filing date if you are filing a nonprovisional application within one year of filing the provisional application.

You can file a nonprovisional application first. However, submitting a provisional application gives you time to finish the more in-depth and more costly non-provisional application and transform your invention into a product that is ready for the market. Additionally, the provisional pendency period does not begin the 20-year patent term. As a result, your patent protection effectively extends for an additional year.

A provisional application can be filed with a shorter disclosure than its non-provisional counterpart

An oath or declaration, information disclosure statements of the prior art, and formal patent claims are not required. Unless they are absolutely necessary for comprehending your invention, drawings are not required. Curiously, they are frequently required. Include drawings if you are unsure whether they are necessary to comprehend your invention. Remember that a provisional filing must satisfy the requirements for US patentability. It should likewise incorporate an adequate number of subtleties to be a finished layout for the non-temporary recording. You will forfeit the benefit of your provisional filing date for any new subject matter if an examiner determines that your non-provisional filing is too distinct. The differences may lead the examiner to believe that you did not have “possession” of your invention. To avoid rejections for such a new matter, the scope of your provisional disclosure must fully support your non-provisional application. That includes drawings and text.

Consider how long it will take to turn your invention into a product and how long it will be viable on the market before deciding which type of application to file. A long development time or long market life, for instance, frequently favors the filing of a provisional application. To a limited extent, that is on the grounds that your long-term patent term clock doesn’t begin ticking away during the time that the temporary application is forthcoming.

Among the things that could make your filing decisions more difficult are investor demands, the urgency of obtaining a granted patent, and the level of innovation in your field. Every circumstance is unique. If you want to make the best decision between submitting a provisional or non-provisional patent application, a skilled patent attorney can assist you.


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