Filing a Provisional Patent

Filing a provisional patent can help you protect your invention for 12 months and is typically a good idea for inventors who want to validate their concept with market research, prior to incurring the high costs of filing a full patent. A provisional patent application also allows filing without a formal claim or any prior art disclosures.

The application permits an inventor or inventors to establish an effective filing date in your later full patent. It also gives you the ability to utilize the term “patent pending” when describing the invention. This essentially gives you greater security against having the invention stolen while promoting the invention commercially.

Filing a provisional patent is not difficult if you have the right help and resources. For professional help, there are patenting agencies, such as InventHelp, that will guide you through the process.

Provisional Patent Help Resources:

There are a variety of provisional patent help resources available to inventors online.

USPTO website. The site is more technical than user friendly but provides insight into the benefits, limitations, and rules for provisional and the implications for subsequent non-provisional applications.

The steps necessary for a provisional patent are fewer than a full patent, however the USPTO is still strict about the contents of the application. Here is a brief description of each aspect:

Written Description:

– DETAILED information about your invention, making it, and using it.
– Use exact terms. Be clear, concise, but thorough.
– Check to comply with the USPTO code 35 U.S.C. §112.

Patent Drawings:

  • A requirement for inventions that cannot be understood without a drawing. The drawing MUST show every feature of the invention.
  • To view the specific requirements visit the USPTO website directly.

The Application Must Also Include:

  • Names of all inventors
  • The location of the inventors
  • A title for the invention
  • The correspondence address
  • A list of any government agency that has an interest in the invention
  • The name of a attorney or agent and a docket number if that applies.

Patent Filing Fee Information:

The filing fees change occasionally and you will need to visit the USPTO directly to determine the fees as of your filing date. Or consult with the professionals from Invent Help.

Additional Provisional Patent Application Filing Help Advice:

  • Note that the protections of the filing expire after 12 months.
  • The filing of the application must concur with the standards that the USPTO lays out on their website listed above.
  • File your provisional patent application, work really hard for 12 months, and then you will know if you want a full patent. You will be happy you did!