There are times when provisional patents are the better option for inventors. When timing is of the essence and you know the patent application process will definitely take too long, just submit a provisional patent application. Once approved, your invention will be protected and assumes the designation “patent pending”. This prevents someone from stealing your idea and ripping you off.
Provisional patents were offered by the USPTO as a less stringent alternative for inventors. They sought to minimize some of the complications to attain patent protection. A provisional patent application is not as detailed as a non-provisional, may be completed and filed in less time, and cost savings are substantial. These benefits have increased the popularity for filing a provisional patent for those that know how to obtain a patent.
3 Benefits Of PPA
1. Offers a low cost alternative as compared to a non-provisional patent. Right away your financial resources may not afford you to spend heavily.
2. Is good for a term of 12 months. This protects your invention until you can submit the full application.
3. Establish a priority filing date with the PTO. Time is a constant burden for aspiring inventors and this feature offers a bit of elbowroom.
Be Able To Sell Your Vision
First, you are concerned about funding to market your invention and filing a patent. You have no record of sales, only beliefs and dreams how big this will be. Investors will be steadfast not to part with their money. Banks want to see proof of earnings. What are you going to do? This one year gives you a chance to go out and campaign for your invention.
Second, provisional patents establish your “date of invention” and let others know you have you taken action. Patent law does not reward the first one to think of it, but the first one to move on it. A benefit of provisional application for patent is that it is not as complicated and has a faster filing process that a formal patent application.
There Are Some Tough Decisions To Make
There are some issues that need consideration, if you decide to go with provisional patents. All you have really done is push off the inevitable of having to convert to a formal patent application. This will be much more complicated and be prepared for the increase in fees. This is where many have seen their dreams snatched right from under them.
Another concern would be if you didn’t word the application in some detail the claim may be rejected. Your titles and descriptions are a bit vague and not a lot of planning went into invention. Let’s say you added something to the design that would be grounds to have to resubmit. This would nullify your original filing date. Someone else with a detailed non-provisional just received your patent.
Provisional patents should be written by a patent attorney or patent agent. They are experienced and knowledgeable. They are well versed and have examined the forms the PTO requires. If you have not done this before, you may find it useful to hire a professional to help.