Introduction
A provisional patent application means a document that is issued by the U.S. Patent and Trademark Office which helps to protect a new invention from being copied during the 12 months before a formal patent application is filed. It is planned to provide an inventor time to key the idea, test its commercial viability, or purify a product before committing to the expensive and time-intensive process of a formal application. The label "patent pending" on a product stipulates that a provisional patent application has been submitted.
Provisional Patent Application
A provisional patent application means a legal document that allows an inventor to file for a patent application without a formal patent application. It provides the filer a year to regulate whether their invention will make sufficient money to justify protecting a patent on their intellectual property. A patent can reserve a size, design, or impression of the invention solely for the use of the inventor.
Benefits of Provisional Patent Application
There are various benefits to Provisional Patent Application but some are given below:
The most important advantage is that provisional patents need less formal and legal necessity. Reduced formality inception makes things more easiest for inventors and entrepreneurs. Since filing a patent that needs less legal attention then it needs less cost, and effort to make a reality. Furthermore, the time taken will reduce significantly, and as will as they are less stringent rules.
After first applying, the provisional patent application can be filed within 12 months, this time may be used to estimate the invention or a new design. Such a procedure greatly benefits small entrepreneurs and inventors.
Most of the filings of provisional patent applications need only a write-up with regard to the invention and a set of figures detailing how the design works. The formal application for filing a provisional patent comes later. In many cases, entrepreneurs can submit a request on their own.
In several countries, filing a provisional patent application makes their invention a liability to secure foreign priority. All the signatories of the Paris Convention will likely provide preference to the subsequent application of the patent. The Paris Convention brings together almost 165 of the most commercially active countries in the world and provides priority to details of their patent.
Provisional patents work as an efficient, short-term solution that helps to monetize the inventors and promote their idea with simplicity. It helps as an effective and affordable way to protect an idea or invention.
The cost of filing for an application for a provisional patent is considerably lower compared to that of a complete patent.
Interim protection: When one file for an application of provisional patent and the filing is approved and the filer is protected for 12 months from the date of the earlier filing.
Limitations of a Provisional Patent Application
While a provisional patent application offers several advantages but it also has some disadvantages which are given below:
1. Length of validity: -
An application for a provisional patent only lasts 12 months and that essentially acts as a placeholder. Moreover, you only have that 12-months window in which to transform your provisional patent application into a full non-provisional application of the Patent. Failing to file the provisional application of the patent before the time limit could result in the loss of your idea. There are no extensions of the deadline of the one-year.
2. Limited protection: -
Since an application for a provisional patent is often filed in a rush, inventors often leave out the significant details of the application. This provides a false sense of security to them. In reality, a provisional application for a patent must meet all of the same requirements as a full non-provisional application to obtain full protection. If any component is left out then another person may be able to receive a patent on those features.
3. Extra costs: -
While a provisional application for a patent is relatively in low-price, you are still required to pay for a full non-provisional application within 12 months. That's in addition to the fee you already paid for the Provisional Patent Application, so you paying more in total at the end.
4. Other limitations include:
Provisional applications cannot be filed for the invention of design.
Provisional applications are not examined on their good value.
Provisional applications cannot claim for the benefit of a previously filed application.
Documents required for Online Provisional Patent Application
Filing a provisional patent application online requires various documents which are as follows:
Forms 1–5
If you submit the provisional application for a patent online, an agent filing service needs to give Form 26.
File form 3 for corresponding declarations and projects that relates to the application of foreign patent.
Application materials for conventions when the priority date is declared.
Images of the invention.
Process for applying for Provisional Patent
There are some steps to follow for applying for a provisional patent which is given below:
Step 1: Complete the Invention Disclosure Statement
The complete process to file a provisional patent online is discussed in detail given below.
Filing an online application for a provisional patent is essential to protect your invention or a new idea. You must assure that your application for a provisional patent is submitted by the appropriate date. This process will stop someone from embezzlement your concept or invention. According to our experts, it is compulsory to file a provisional patent application even if your invention is not completed or you are not yet prepared for a full non-provisional patent.
The invention can be entrusted to as ‘patent pending’. An idea is protected by applying for a provisional patent online while the inventor works to develop and increased it. Use these steps to finish the procedure for applying for a provisional patent:
Explain how you answered the following IDF questions.
You are trying to explain some issues
Existing issues and solutions for the same
Specifics of your technical specifications of the invention
The functionality of the features of technical.
Step 2: Combining Your Inventions
This phase may take 2-3 repetitions based on the situation.
Provide all the information about any alternatives to the indicated remedy.
We seek new technical highlights on an IDF form
To educate the impression for originality examination and explanation of rehearsal.
Step 3: Find Something Novel
It helps in the discovery of novel, distinctive technological qualities.
Step 4: Writing the requirements for an application for Provisional Patent
We move to create the innovation that particularly addresses it after the originality of the invention is confirmed.
Step 5: Documenting the Forms
Every form that needs for filing a provisional patent application online will be collected and submitted with the specification of the patent.
Step 6: File online Provisional Patent Application
When everything is prepared then we apply and make the necessary payments. The Patent Office will make the online application for a provisional patent.
Conclusion
It concluded that a Provisional Patent Application provides the filer a year to regulate whether their invention will make sufficient money to justify protecting a patent on their intellectual property. A patent can reserve a size, design, or impression of the invention solely for the use of the inventor. All the signatories of the Paris Convention will likely provide preference to the subsequent application of the patent. The Paris Convention brings together almost 165 of the most commercially active countries in the world and provides priority to details of their patent. After first applying, the provisional patent application can be filed within 12 months, this time may be used to estimate the invention or a new design. Such a procedure greatly benefits small entrepreneurs and inventors.
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