What is Provisional Patent?
A provisional patent is an informal patent without claims, oath, or any information disclosure statement. It offers a patent protection to avoid other people stealing your ideas or invention when your patent is not entirely completed. You can apply a provisional patent for the formal patent to establish an early effective filing date.
How long does provisional patent last? It’s a good question. This patent protection lasts 12 months which means you must file a corresponding formal patent application during 1 year pendency period for provisional application.
You Can benefit From Provisional Patent
1. A provisional provides simplified filing with a lower initial cost with one full year to assess the invention’s commercial potential before committing to the higher cost of filing and prosecuting a non-provisional application for patent;
2. A provisional patent establishes an official United States patent application filing date for the invention;
3. A provisional patent permits one year’s authorization to use "Patent Pending" notice in connection with the invention;
4. A provisional patent begins the Paris Convention priority year;
5. A provisional patent enables immediate commercial promotion of the invention with greater security against having the invention stolen;
6. A provisional patent preserves application in confidence without publication in accordance with patent law (1) ;
7. A provisional patent permits the applicant to obtain USPTO certified copies;
8. A provisional patent allows for the filing of multiple provisional applications for patent and for consolidating them in a single non-provisional application for patent (2) ;
9. A provisional patent provides for submission of additional inventor names by petition if omission occurred without deceptive intent (deletions are also possible by petition).
Before Your Application
Before you begin to apply for a provisional patent, please read these helpful tips:
1. USPTO doesn’t provide any forms or electronic filing available for provisional patent application.
2. You only can write your application on a “provisional cover sheet" and a "fee transmittal form" provided by USPTO.
3. This patent application will need to be written by you if you got educated in the entire process, otherwise, hiring a professional patent agent to assist you complete the application and choose the type of patent protection.