File a Provisional Patent Application
Are you a first-time inventor or other entrepreneur with a great invention or new product idea but have no idea what to do next or whom to trust? Well, you really cannot go wrong by filing a provisional patent application to lock-in "patent pending" up-front for your invention.
After you file your provisional patent application, you can seek out people who might want to buy the rights to your invention, find investors, find potential licensees for your invention, or contact manufacturers to make products based on your invention without worrying somebody will steal your invention from you.
1. What is a provisional patent application?
You can file a provisional patent application with the United States Patent and Trademark Office (USPTO) to lock-in a filing date for your invention (i.e. a provisional patent application gives you patent pending for your invention) without the formal requirements and resulting much higher cost of a utility patent application (based on the "utility" or functionality of your invention). Your provisional patent application is not processed through the USPTO other than being assigned a serial number and a filing date. A provisional patent application cannot issue as a patent, but can under certain circumstances, be converted to a utility patent application (usually not done).
The main benefits of filing a provisional patent application are: 1) to receive a filing date from the USPTO as an easily provable date of inventorship (proof of earlier dates can be done if an issue arises between two or more inventors such as by using a witnessed/dated or notarized inventor's notebook); and 2) more quickly and cheaply meet a filing deadline imposed by the USPTO such as a statutory bar date or by the Paris Convention (an international patent treaty) prior to publicly disclosing your invention than filing a utility patent application. A provisional patent application remains confidential unless a utility patent application, a design patent application, or a Patent Cooperation Treaty (PCT) application is filed that claims priority of the provisional patent application.
A provisional patent application expires after twelve calendar months following the day of filing and cannot be revived. Therefore, you must file a utility patent application as a follow-up to your provisional patent application that claims the filing date (priority date) of your provisional patent application prior to expiration of the twelve month patent pending period following filing of your provisional patent application. Note that while a utility patent application can be based on your previously-filed provisional patent application, a design patent application (based on the "design" or outward appearance of your invention) cannot be based on your provisional patent application. Also, foreign patent applications in countries that are members of the Paris Convention if filed within one year of the filing date of the provisional patent application.
So, if you are an inventor with an invention but do not have the time and money needed for filing a utility patent application, you should file a provisional patent application.
2. How do I start the provisional patent application process?
We make preparing and filing your provisional patent application easy, quick, and less expensive than most companies. Just follow our easy 4 step process:
- Submit a Confidentiality Agreement
Simply follow the directions to complete a Confidentiality Agreement and electronically send it to us. We countersign it and electronically send it back to you.
- Description and Sketches of Your Invention
Following receipt of the counter-signed Confidentiality Agreement, complete the form below the Confidentiality Agreement including the inventor and invention information (including any photos, drawings, or other files as attachments), and electronically send it to us.
- Quote for Your Provisional Patent Application
We carefully review your answers on the form and any sketches or photos you might send us and provide a quote to have your provisional patent application prepared by a licensed patent attorney or agent in accordance with U.S. Patent Laws.
- Submit Deposit
You decide whether you want us to have your patent application prepared for you. If yes, you send us a non-refundable deposit of $250.00 to get the process going that covers our continuing conversations and other expenses in finding and communicating with the patent attorney or agent we select for you.
We communicate with and forward your information to the patent attorney or agent who will contact you directly to prepare the patent application. You pay the balance due directly to the patent attorney or agent.
- Patent Application Prepared and Submitted for Your Review
Your patent attorney or agent sends your prepared patent application to us and we forward it to you for your review and signing of the appropriate paperwork. You write a check directly to the U.S. Patent Office for the filing fee, enclose everything in a pre-addressed Express Mail envelope we provide, and you mail it via U.S. Postal Service Express Mail. Electronic filing is also available upon request for a small additional fee.
You get "patent pending" the day your application is filed for one (1) full year. Note that you must have a "utility patent application" prepared and filed within the one (1) year "patent pending" period that claims priority of your provisional patent application to keep the filing date of your provisional patent application.
Once your application has received, the U.S. Patent Office will issue an Official Filing Receipt with your serial number and filing date directly to you, typically within about four to six weeks of you filing your patent application.
3. What does your provisional patent application preparation include?
You get all of this:
Professionally written disclosure by a licensed patent attorney or patent agent that describes your invention in detail as required by the U.S. Patent Office.
Hand or computer generated sketches of your invention commonly called "informal drawings".
Complete filing paperwork ready for your signature.
All guaranteed to be ready for your review and filing within 3-4 weeks of receipt of information and deposit.
FREE follow-up consultation with us on how to best make money from your invention.
4. Will my invention be kept confidential?
We guarantee that all of your information will be kept strictly confidential and shared only with your selected patent attorney or patent agent.
5. Do you offer a 100% satisfaction guarantee?
|| Your Satisfaction is Guaranteed!
If you are not satisfied with your prepared provisional patent application for any reason, we will have it changed for you at no additional cost to you.
You have everything to gain and absolutely nothing to lose!