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What is a Provisional Patent?

A provisional patent application is a low-cost, early-stage patent filing that allows inventors to establish a filing date for their invention and secure their priority. Provisional patents are not examined by the United States Patent and Trademark Office (USPTO), but they must be filed within one year of the filing date of the corresponding non-provisional patent application in order to claim the benefit of the provisional patent's filing date.

Benefits of Provisional Patents

There are many benefits to filing a provisional patent, including:

• Low cost: Provisional patent applications are much less expensive to file than non-provisional patent applications. The USPTO filing fee for a provisional patent is $280, compared to $975 for a non-provisional patent application.
• No examination: Provisional patents are not examined by the USPTO, which means that inventors can file a provisional patent without having to have a complete and polished patent application. This can be helpful for inventors who are still developing their invention or who need more time to raise the funds necessary to file a non-provisional patent application.
• Priority: Filing a provisional patent establishes an early filing date for the invention. This is important because the United States patent system is a first-to-file system, meaning that the first person to file a patent application for an invention is generally entitled to the patent.
• Patent pending status: Filing a provisional patent allows inventors to use the phrase "patent pending" in connection with their invention. This can help to deter others from copying the invention and can also make the invention more attractive to potential investors and licensees.

When to File a Provisional Patent

In general, inventors should consider filing a provisional patent if they meet the following criteria:

• They have a new and original invention that they believe may be patentable.
• They are not yet ready to file a non-provisional patent application.
• They want to establish an early filing date for their invention.
• They want to use the phrase "patent pending" in connection with their invention.

How to File a Provisional Patent

To file a provisional patent application, inventors must submit the following documents to the USPTO:

• A petition
• A description of the invention
• Drawings of the invention (if necessary)
• A filing fee

The petition is a form that identifies the applicant(s), the invention, and the filing date. The description of the invention should be clear and concise enough for a person skilled in the art to understand the invention and make it without undue experimentation. The drawings of the invention (if necessary) should be clear and detailed enough to show the invention in a way that is easy to understand.

What Happens After You File a Provisional Patent?

Once the USPTO receives a provisional patent application, it will assign it a filing date and send the applicant a confirmation letter. The applicant then has one year to file a corresponding non-provisional patent application in order to claim the benefit of the provisional patent's filing date.

Is a Provisional Patent Right for You?

If you have a new and original invention that you believe may be patentable, you should consider filing a provisional patent. Provisional patents are a low-cost and effective way to establish an early filing date for your invention and secure your priority.

Additional Tips for Filing a Provisional Patent

• Be as detailed as possible in your description of the invention. Even though provisional patents are not examined, it is important to provide as much detail as possible in your description so that you can claim the broadest possible scope of protection in your non-provisional patent application.
• Use clear and concise language. The description of your invention should be written in clear and concise language that is easy to understand. Avoid using jargon or technical terms that may not be familiar to a person skilled in the art.
• Include drawings if necessary. If your invention can be illustrated with drawings, be sure to include them in your provisional patent application. Drawings can help the USPTO to understand your invention and can also make your non-provisional patent application more persuasive.
• Have your provisional patent application reviewed by an attorney. Before you file your provisional patent application, it is a good idea to have it reviewed by an experienced patent attorney. An attorney can help you to ensure that your application is complete and accurate, and that it meets all of the USPTO's requirements.

Conclusion

Provisional patents can be a valuable tool for inventors who are developing new products and technologies. By filing a provisional patent, inventors can establish an early filing date for their invention, secure their priority, and use the phrase "patent pending" in connection with their invention. If you are considering filing a provisional patent, be sure to consult with an experienced patent attorney to discuss your specific situation.