1. Introduction to Provisional Application for Patent
Great ideas happen every day. But the idea, invention, or process isn't always credited
to the person who came up with it first. Sometimes, someone overhears an idea. Sometimes,
you're so excited, you'll tell it to anyone who will listen. And sometimes, believe
it or not, someone else will come up with the same invention at just about the same
time.
A Provisional Application for Patent establishes your priority with a "date
of invention." In other words, it tells the world "This is my invention."
It's so important to file a Provisional Application for Patent because in patent
law, the person who comes up with an idea first may not benefit. Most often, it's the person
who takes action and files the patent application first who wins.
The advantages of a Provisional Application are that it's much faster, easier and cheaper to
file than a Non-Provisional Patent Application. A full patent application takes longer
to prepare, and it costs more. With a provisional application,
you will have 12 months from your filing date to file a corresponding Non-Provisional Patent Application, and during those 12 months you can legally announce
to the world: "patent pending."
Furthermore, you can tell people about the idea, seek funding for development, even
begin market-testing the invention with confidence that your invention is protected. This
gives you time to assess the invention's complete potential. Then, you can decide
if you want to spend the money on the full patent process, not to mention marketing
and distribution.
LegalZoom's Provisional Application for Patent Education Center provides you with
the resources you need to understand the functions and advantages of a Provisional Application for Patent.
If you decide to file a Provisional Application, you can
complete our online questionnaire in about 30 minutes. Simply answer a few questions,
and we complete and file your application (Or, if you choose our attorney-assisted Provisional Application, our affiliated patent firm will do so.) LegalZoom can even help you get the technical
drawings to accompany your application.
