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What is a provisional patent application?Click here to file your own provisional patent applicationA Provisional Patent Application establishes your priority with a "date of invention." In other words, it tells the world "This is my invention." The reason it's so important to file a Provisional Patent Application is because in Patent Law, it's often not the person who came up with the idea first who wins – it's the person who takes action and files the patent application first. The advantage of a provisional patent is that it's much faster and easier to file than a standard patent application. A standard patent application can take months to prepare, and it can cost $5,000 or more. With a provisional patent, you will have 12 months to file a full patent application, and you can legally announce to the world: "patent pending." Furthermore, you can tell people about the idea, seek funding to develop the invention, even begin selling the invention, with confidence that your invention is protected. This way, you can assess the invention's complete potential before spending significant sums of money on the full patent, not to mention money on marketing and distribution. A provisional patent application was designed to solve an age-old problem. You want to see if your invention has commercial appeal, but if you tell people, you run the risk they will “steal” the idea. Non-disclosure agreements can help, but not everyone is willing to sign one. Before 1995, inventors could either build the invention themselves, or they could file a full patent application before telling anyone about their invention. However, there were significant problems with both approaches. First, it’s time-consuming and expensive to build a working prototype, especially one based on new technologies. Second, hiring an attorney to prepare a full patent application can cost thousands of dollars. The solution was the Provisional Patent Application. According to the U.S. Patent Office, a provisional patent is designed to provide a “lower-cost first patent filing in the United States.” A provisional patent lets you quickly secure an initial filing date for your invention and legally allows you to use the words “patent pending.” These words serve as a strong warning that anyone who copies your invention risks patent infringement. Once a provisional patent application is filed, you have 12 months to test your idea and seek funding before filing a full patent application. If you choose to file the full patent before the end of the 12-month period, the filing date can “relate back” to the date you filed your provisional patent application. In other words, if you filed your provisional patent application on January 1, 2004 and then file your full patent application on December 31, 2004, the full patent will be deemed to have been filed on January 1st. If you decide not to move forward with your patent, then you can simply abandon it, knowing your upfront costs were minimal.
Click here to file your own provisional patent application |
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