A Provisional Patent Application Gets Your Invention “Patent Pending”
Technically speaking, all it takes to be “patent pending” is for a patent application to be on file with the United States Patent and Trademark Office (or any other patent office in the world for that matter). Filing a provisional patent application allows you to put your competitors on notice that your invention is indeed “patent pending.”
Provisional Patent Applications Are Inexpensive to File
If you qualify as a micro entity under USPTO rules, the filing fee is only $60. This reduced rate can give you, the independent inventor or entrepreneur, a major break when every penny counts.
Provisional Patent Applications Have Fewer Technical Requirements
One of the best advantages in filing a provisional patent application first is that the technical requirements are less than that of non-provisional patent applications. For example, an inventor may provide pictures or rough sketches in lieu of professionally prepared CAD drawings. In addition, a provisional application does not require patent claims when filed. Put simply, provisional patent applications are easier to prepare and file than non-provisional patent applications.
A Provisional Patent Application Establishes an Official Filing Date
The United States went from a “First-to-Invent” system to a “First-to-File” system in 2013. This means that in most circumstances, the inventor who files a patent application with the USPTO first will ultimately be awarded the patent. Thus, it is of paramount importance to get something on file with the USPTO before your competitors do it first.
A Provisional Patent Application Gives You A Year To Test the Market.
You can take advantage of the provisional application’s one-year period of coverage to evaluate the commercial potential of your invention before committing to filing a non-provisional patent application. If you determine that your invention has potential, you can then commit to filing a non-provisional application inside that one-year window.
A Provisional Patent Application Can Provide An Extra Year of Protection
A United States patent lasts for 20 years, measured from the effective filing date of the application. By first filing a Provisional Application, which is valid for one year, you can effectively receive 21 years of protection, beginning with your provisional filing date, depending on whether you ultimately want to claim priority to the originally filed provisional application.
Provisional Patent Applications Are Kept Confidential
Provisional patent applications are kept confidential by the United States Patent and Trademark Office. Filing a provisional patent application does not compromise the confidentiality of your application since provisional paten applications are not published.
Provisional Patent Applications Are Not Examined By The USPTO
Provisional patent applications are not reviewed by USPTO examiners. In fact, a provisional application is only cross-referenced when you decide to file a corresponding non-provisional application. This offers you more latitude in perfecting a non-provisional application when you ultimately decide to pursue one.
It Costs Less To Prepare A Provisional Patent Application
A patent agent or patent attorney can prepare and file a provisional patent application at a lower rate than a non-provisional patent application because it generally takes less time to prepare. Furthermore, many firms offer client discounts for the preparation and filing of non-provisional applications because they are already familiar with both the client and the technology.
More Than One Provisional Patent Application May Be Filed
As you develop your invention, you may discover a new feature or new property associated with your invention. In such an instance, another provisional application may be filed to cover that new discovery. If you have filed more than one provisional application, you may have the option of selecting the filing date to which you’d like to claim priority when you ultimately file a non-provisional application.