Why file a provisional patent application? | Brealant
The Patent Act of 1952 was revised in 1994 to initially allow innovators to file a provisional patent application (PPA). While there is no such thing as a "provisional patent," the PPA procedure offers several advantages to prospective patent holders:
PPAs create an earlier priority filing date to protect your intellectual property rights; and
Provisional applications are easier and less expensive to prepare than non-provisional applications.
Before completely committing to the patent application process, you might name your idea and accompanying marketing material "patent pending" while considering its financial prospects.
PPAs safeguard your idea while you sort out the details for a non-provisional patent.
PPAs notify the public, including competitors, that you are in the process of obtaining a patent.
In this article, we'll explain why provisional patent applications are useful and the PPA procedure. But first, let's start with a definition of a provisional patent application.
What is a Provisional Patent Application?
A provisional patent application is a sensible first step in obtaining a legitimate patent. The PPA is a cheaper and easier application that allows you to claim "patent pending" for your invention while making changes. However, it is crucial to remember that PPAs do not immediately result in an official patent; to obtain patent rights, you must file a nonprovisional patent application (NPA) within 12 months after your PPA.
(By submitting a nonprovisional patent application, inventors get the ability to describe their innovation as "patent pending.") This creates a grey area in which it is not immediately evident whether you have just filed a PPA or invested in a nonprovisional patent application by naming your innovation "patent pending."
Your PPA should be as detailed as your NPA in describing your idea. A shoddy provisional application will not sufficiently safeguard your intellectual property (IP) rights, therefore contradicting the PPA's objective. A sloppy PPA may also be used against you when filing an NPA since the examiner may decide that you did not have a complete invention when your PPA was submitted.
You may be thinking at this stage, "What constitutes a strong provisional patent application?"
In a word, your PPA should completely explain your invention's major components, how it works, and how it will be utilised. It's also worth considering whether your innovation can be utilised or built-in in more than one manner. Including variants in your PPA discourages others from attempting to circumvent your IP. Consider this method to be an attempt to safeguard both innovation and invention. This information might also be useful if you are familiar with the manufacturing techniques and/or materials that could be utilised to create your innovation.
The more questions you foresee and address in your PPA, the better your innovation will be protected.
What Should You Include in Your Provisional Patent Application?
You should also submit drawings of your invention with the PPA; however, you will still obtain a filing date if you do not include drawings. High-quality drawings assist in explaining your creation and demonstrating that you have a complete working concept. They also increase the perceived worth of your PPA when you show it to a potential investor or licensee. Including many designs might also assist you in avoiding having to resubmit your application. Have you overlooked something in your application's written disclosure? It may still be covered if it is incorporated in a drawing. In the case of PPAs, the old saying "a drawing is worth a thousand words" holds.
Take the time to properly grasp your invention's point of difference in the marketplace and from previous art to guarantee your PPA has value. Use Google Shopping and Google Images to look for similar existing goods for sale. To thoroughly investigate the prior art, use Google Patents or the USPTO's database. Is your innovation genuinely unique? Consider yourself a detective attempting to learn everything you can from previously patented innovations. (However, the prior art is not restricted to patents.) If you decide to proceed and file an NPA, previous art may be utilised as evidence to prevent you from receiving a patent.
To comply with 35 USC 113, the US Patent and Trademark Office (USPTO) suggests that you file "any drawings essential for the understanding of the invention." After filing your PPA, you cannot include a drawing explaining your invention. If you need to alter your PPA for any reason, you will have to register a new PPA, which will affect your priority filing date.
Why Provisional Applications are a Smart Strategy for Inventors?
Obtaining an early priority filing date is one of the most significant parts of submitting a PPA. Because the US is a "first to file" country, acquiring a patent is sometimes a race against the clock. By filing a provisional application, you may safeguard your intellectual property rights against others who may be working on comparable technologies.
With a PPA, you may protect your innovation even before you are completely prepared to file a non-provisional application, allowing you more time to improve the commercial feasibility of your idea. Even better, a PPA's earlier filing date does not start the patent term clock. The 20-year patent term begins when you acquire an official patent, but you may protect your idea for an extra year with the PPA.
Second, preparing a PPA will assist you with defining your invention and identifying possible flaws to strengthen throughout the 12-month "patent pending" period. Finally, if you submit the PPA without the aid of an attorney, the knowledge you gather during the process may help you save time and money if you need to hire an attorney to assist with your non-provisional application.
Think Ahead with Your Provisional Application
If you decide to hire an attorney, make sure they specialise in the field of your innovation. To assist them in doing the best job possible, provide them with your marketing materials and your point of difference in relation to both market items and previous art. Another strategy to improve your PPA is to create a functional prototype and share it with your attorney.
As you learn about your invention's strengths and flaws, you may take action to enhance your design and strengthen your commercial plan.
In terms of commercial strategy, a professional PPA might instil greater trust in your design. Potential licensees are more likely to accept your concept if they perceive that you have a comprehensive design and are skilled enough to defend your IP with a PPA. Indeed, firms that file early PPAs frequently raise the most money, allowing you to enhance your design and promote your idea. In addition, incorporating workarounds, variants, production methods, and materials within your PPA assures investors and future licensees that you have done your homework. You have effectively presented them with a route map.
Finally, a provisional application safeguards your idea from theft. Others will strive to produce rival innovations if your concept is cutting-edge. A PPA is one of the finest methods to prevent competitors from stealing the fundamental components of your design, providing you with a competitive advantage in your industry.
What Does Filing a Provisional Patent Application Entail?
The USPTO website has comprehensive information on the processes and requirements for submitting a PPA. You may technically submit a PPA without the help of an attorney. However, before submitting your provisional application, you should contact a patent attorney. An attorney's counsel might be useful, especially if your innovation is complex or there is a good chance your patent will be contested.
While there are fewer formal criteria for filing a PPA (compared to an NPA), the USPTO advises applicants to evaluate and obey their regulations. The Provisional Application page contains the USPTO's regulations, filing requirements, and required paperwork. PPAs can be submitted electronically without needing a formal claim, oath, or prior art assertions. Filing fees are reasonable but vary depending on the size and kind of your entity ($70 for micro-entities, $140 for small entities, and $280 for big businesses at the time of publication). Because individuals, small enterprises with 500 or fewer workers, universities, and 501(c)(3) organisations qualify as micro-entities, most inventors will only need to pay the $70 filing cost.Read
