Profitable For Inventors - Provisional Patent
Provisional patent is an application filed for patent in the United States Patent and Trademark Office. This does not involve any formal patent claim declaration or oath or any information disclosure. By doing this, the inventor is granted an early filing date in a later filed non-provisional application. The inventor is then allowed to use the term EUR(TM)patent pendingEUR(TM) on his products. This is a sort of warning that he has filed for a patent on this item and is waiting to be issued. Person who copies the product are subjected to fine for trespassing if the patent is granted.
This application has a pendency lasting 12 months from the date of filing and cannot be extended. It becomes necessary to file a non-provisional application for the applicant during the 12 months pendency period so that he can benefit from the provisional application. The name of all the inventors must be included in this application. It can be filed up to 12 months following the date of first sale, public use, offer for sale or publication of the invention. If there is any drawing necessary to understand the invention, it should be referred.
It should also have a written description of the invention. No filing date will be granted to the provisional application if either of these requirements are missing or are incomplete. Once 12 months deadline for filing a non-provisional application expires, the inventor cannot claim the benefit of this application. A person who is not very sure that his patent will be granted and whose budget is limited, provisional patent is the best alternative. Information disclosure statement is not required in this application so its fee is very low compared to non-provisional application. As it gives an additional one year of protection, it is enough to test market of oneEUR(TM)s invention.
If the result is positive, then the inventor can file a regular patent. It is cost effective as hiring a patent attorney is not required. Since they are temporary, they are considered provisional. In some cases, more than one party files for patent protection on the same invention. During such circumstances, the US applies to a first to file system. The inventor who had filed provisional patent first can help avoid losing patent rights. It can be filed electronically and securely via the internet. So, pave way to protect your invention and earn various benefits associated with your invention!
This application has a pendency lasting 12 months from the date of filing and cannot be extended. It becomes necessary to file a non-provisional application for the applicant during the 12 months pendency period so that he can benefit from the provisional application. The name of all the inventors must be included in this application. It can be filed up to 12 months following the date of first sale, public use, offer for sale or publication of the invention. If there is any drawing necessary to understand the invention, it should be referred.
It should also have a written description of the invention. No filing date will be granted to the provisional application if either of these requirements are missing or are incomplete. Once 12 months deadline for filing a non-provisional application expires, the inventor cannot claim the benefit of this application. A person who is not very sure that his patent will be granted and whose budget is limited, provisional patent is the best alternative. Information disclosure statement is not required in this application so its fee is very low compared to non-provisional application. As it gives an additional one year of protection, it is enough to test market of oneEUR(TM)s invention.
If the result is positive, then the inventor can file a regular patent. It is cost effective as hiring a patent attorney is not required. Since they are temporary, they are considered provisional. In some cases, more than one party files for patent protection on the same invention. During such circumstances, the US applies to a first to file system. The inventor who had filed provisional patent first can help avoid losing patent rights. It can be filed electronically and securely via the internet. So, pave way to protect your invention and earn various benefits associated with your invention!
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