Provisional Patents
Position Your Invention for a Formal Patent
Provisional Patents are a form of intellectual property protection available to you if you wish to secure your inventions before they are fully developed or prepared for patenting.
They offer you a cost-effective and flexible way to protect your invention while it is still in its early stages of development.
Under the umbrella of Provisional Patent Application Drafting, Goldstein Patent Law can help prepare and draft your provisional patent application with accuracy and precision:
- Consultation and Inventor Interview: Attorneys at Goldstein Patent Law meet with you to understand your invention, discuss your goals, and gather all the necessary information.
- Invention Disclosure Analysis: Review and analyze your invention disclosure to identify its patentable aspects and determine its eligibility for a provisional patent application.
- Prior Art Search: Conduct a preliminary search to identify existing patents, patent applications, publications, and other publicly available information that may be relevant to your invention. This search helps assess the novelty and nonobviousness of your invention and informs the preparation of the provisional patent application.
- Specification Drafting: Prepare a detailed written description of your invention, including its technical aspects, functionalities, and any necessary diagrams or figures. The description should be clear and sufficiently detailed to support the invention’s claims.
- Provisional Patent Application Preparation: Assist in preparing the necessary documentation for your provisional patent application, including the specification, any necessary drawings or diagrams, and the filing fee payment.
- Filing the Provisional Patent Application: Submit the completed provisional patent application to the relevant patent office, ensuring compliance with all formal requirements and deadlines.
- Patent Strategy and Portfolio Management: Help develop a strategic plan for your patent portfolio, including evaluating the potential for filing non-provisional utility applications, identifying additional inventions for provisional patent filing, and managing ongoing maintenance and renewal requirements.
- Non-Provisional Utility Application Preparation (if applicable): Assess the viability of converting the provisional application into a non-provisional utility application and assist in preparing the necessary documentation for filing, including claims, a detailed specification, and any supporting drawings or diagrams.
- Predictability and Transparency: Say ‘goodbye’ to hourly billing — At Goldstein Patent Law, we pride ourselves on a simple, transparent, flat rate structure.
That means:
- You know your exact investment upfront before any step we take, without any surprises or unexpected fees.
- You don’t get nickel and dimed for every email, phone call, or photocopy.
- Your process takes no longer than necessary to complete.
- You know your exact investment upfront before any step we take, without any surprises or unexpected fees.
Finally, predictability and transparency you can count on.
Are you ready to explore your options for filing your patent application? Click here to schedule your no-cost, no obligation, Patent Strategy Session Now >>
Benefits of Filing a Provisional Patent
Once you understand the patent process, it is important to consider the benefits of filing a provisional patent.
One of the most significant advantages is reduced costs. When compared to regular patents, provisional patents are generally less expensive and offer a more affordable way for you to protect your invention. This is particularly beneficial if you have a small business or if you do not have the financial resources to pursue a full patent application.
Another benefit of filing a provisional patent is early filing. Provisional patents offer immediate protection while you decide on whether or not to pursue a regular patent application. This allows you to establish priority over their invention while you continue to develop it or explore its commercial viability.
Additionally, this early filing date will also be used as the start date for calculating the 20-year term of a regular patent if one is ultimately obtained, providing extended protection for the invention. By filing a provisional patent, you can secure your rights while they take additional time to determine how best to proceed with your invention.
How To Maintain Confidentiality of Your Invention
Protective measures must be taken to maintain the confidentiality of your invention. One of the most effective ways to ensure that your idea remains confidential is through a non-disclosure agreement (NDA).
An NDA is a legal contract between two or more parties, outlining the confidential material, knowledge, or information that you share with another party. NDAs should be signed by anyone who may come into contact with your invention, such as employees, contractors, investors, advisors, and potential partners.
It is also advisable for you to seek legal advice on how best to protect your invention. A qualified attorney can help you create an intellectual property protection strategy that includes both provisional and non-provisional patents, as well as trademarks and copyrights.
It’s important to remember that once you disclose your invention publicly without patent protection in place, you risk losing any potential patent rights. Therefore, it is essential for you to take protective measures before disclosing any information about your invention to others.
Timing Considerations For Patent Applications
Having discussed how to maintain confidentiality of your invention, it is important to consider timing considerations for patent applications.
According to the United States Patent and Trademark Office (USPTO), the priority date of your patent application is crucial in determining who has the right to obtain a patent. The priority date is the earliest date when your invention was disclosed in a manner that satisfies the requirements for patentability. You can establish this date by filing a provisional patent application or a non-provisional utility application.
It is important for you to note that there is a grace period of one year after you publicly disclose your invention, during which you can still file for a patent. However, keep in mind that this grace period is not applicable in all countries and may affect your international filing options.
In addition, international filing requires you to carefully consider factors such as foreign filing licenses, translations, and fees. Therefore, it may be beneficial for you to consult with an experienced patent attorney before deciding on when and how to file for a patent.
Licensing Your Invention: Patent Application or Not?
When deciding whether to pursue a patent application, you must conduct a cost-benefit analysis. Obtaining a patent can be expensive and time-consuming, yet it may provide you with legal protection and potential commercialization benefits.
On the other hand, for some inventions, pursuing a patent may not be worth the investment due to limited commercial potential or high legal risks. You should consider the legal risks carefully when deciding whether to pursue a patent application.
If your invention is not sufficiently novel or non-obvious, the patent may not be granted or could be challenged by competitors. Additionally, enforcing patents can also be costly and time-consuming.
You must weigh these risks against the potential benefits of obtaining a patent, such as increased marketability and licensing opportunities. Ultimately, you need to evaluate your individual situation and make an informed decision on whether to pursue a patent application or not based on your cost-benefit analysis.
Safeguard Your Ideas and Unlock Success
The patent process can be complex, and yet understanding the benefits of filing a provisional patent can help inventors protect their ideas.
By maintaining confidentiality and strategically timing your patent application, you can increase your chances of success in securing patent protection.
However, deciding whether to license your invention through a patent application or pursue alternative paths requires careful consideration on your part.
It is worth noting that according to the United States Patent and Trademark Office (USPTO), there were over 640,000 patent applications filed in the US alone in 2020. This demonstrates that inventors like yourself are actively seeking protection for their ideas and underscores the importance of understanding the patent process.
By utilizing provisional patents and carefully evaluating licensing options, you can ensure that your intellectual property is protected and potentially bring your innovative ideas to the market.
Are you ready to explore your options for filing your patent application? Click here to schedule your no-cost, no obligation, Patent Strategy Session Now >>
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Learn more about provisional patents
What Is a Provisional Patent?
A provisional patent is actually a misnomer because a “provisional patent” does not exist. Rather, you can file a provisional patent application in order to get patent priority for your product or invention.
The provisional patent application won’t be your official patent application that will be the basis to grant you patent approval. Instead, it is a stepping stone that allows you to preserve the “filing date” for your patent while giving you some more time for additional research and
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Being able to claim “patent pending status” can be an important marking for your product or technology to display your intellectual property rights. There are some specific marking rules that you will need to follow, however, to claim this patent pending verbiage for your invention. In general, you must make a good faith effort that your invention has proper markings and done in a consistent manner. How to display patent pending on a website, it is important for you to…
What Does ‘Patent Pending’ Mean
You’ve probably noticed a lot of products out there that are marked ‘Patent Pending.’ This means that the companies that put those products on the market have decided that it’s fairly safe, after the patent application has been filed, to start producing and selling their idea.
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