Provisional Patent Application

Should I Get A Provisional Patent Application?
An often asked question by inventors is “should I get a provisional or directly file a non-provisional?”. Once you have an #ideaworthprotecting, one of the first strategy questions is whether you should file a #provisionalapplication or a non-provisional (or utility) patent application. To decide which one would work best for your particular invention, let’s look at the difference between a provisional and a non-provisional patent application. While a provisional application has many benefits, it is not always necessarily the best or cheapest option.

What Is A Provisional Application?
First of all, there is no such thing as a provisional patent. A provisional application is an application that gives you a priority filing date. If done properly, a provisional application gives you proof that you came up with an idea or process on a certain date, and before others who might apply for a patent or provisional after you. Unlike a regular utility patent application, a provisional application on its own will never mature into a patent. In fact, after you file for a provisional application, you have 12 months from the date of filing to file for a regular utility patent and claim priority to the provisional’s date.

The U.S. Patent and Trademark Office (USPTO) does not look at provisional applications in substance. The provisional does not become a patent on its own and does not start a 20-year patent term running. The only times the USPTO will look into a provisional for substance is if you file for a non-provisional and claim priority to your provisional application, and if during the examination prior art is found and you can show that you came up with the invention first by going back to your provisional date.

It’s worth mentioning that you cannot file a provisional application for a design patent. You can only do that for a utility patent application. Check out the difference between a utility and design patent    • Difference Between Design and Utility Patent   . Also, if your invention is best protected by a design patent rather than a utility, then you’re better off filing a design patent instead. If you are trying to protect both the look and appearance of an #invention and the way it works but you’re not sure you’re ready to file a utility application, then maybe look into filing both design and provisional utility application.

Benefits Of A Provisional Application
A provisional application has a few benefits which are worth looking into. It can help you make the most of a limited budget, especially at the beginning of the invention stages.

1. You Get A Priority Date With The USPTO
2. You Want To Protect Your Idea But Still Need More Time To Perfect It
3. If You Don’t Have Time
4. If You Need Time To Do Some Market Research
5. Time To Get A Licensing Deal Or Raise Money

Drawbacks Of A Provisional Application, And Why You Might Not Want To File A Provisional
1. Delay In Your Patent Application
2. It’s An Additional Cost
3. If You’re In The Very Early Stages Of The Invention
4.Foreign Filings

So What Do You Need To Include In A Provisional Application?
As far as how the provisional application disclosure is written, there are no formal requirements, unlike a non-provisional patent application.

You need:

-A specification (in no particular format),
-Drawings,
-A certification of status (to determine which fees you need to pay – this is not needed for a large entity),
-No claims are required, although some foreign countries state that an application with no claims is not complete, so it’s always best to include a few general claims.

A Provisional Application On Its Own Will Never Become A Patent, And Here Is How You Can Convert Your Provisional Into A Patent:
Within the 12 months of filing a provisional, you have to file a non-provisional application claiming priority to the provisional to convert provisional to a nonprovisional patent. The filing date of the provisional application will be transferred to the new application, giving an earlier filing date for priority purposes but not reducing the 20-year term of the utility patent.

More on the benefits and drawbacks of provisional patent application at https://kgulick.com/provisional/