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Provisional Patents
There are several advantages to filing a provisional application for patent:
- Lower cost and faster preliminary process
The provisional application filing fee is much less expensive than a full patent fee. In addition, the technical requirements are simplified. This means it takes much less time and money to prepare and file a provisional application.
- Establishes an official U.S. patent filing date
Full patent applications filed within twelve months of the provisional application date have the benefit of “relating back” to the provisional patent application. This means that should a dispute arise over invention ownership, the U.S. Patent Office will accept the earlier provisional application filing date as the official filing date.
A provisional application filing can be extremely useful in a race to patent an invention in a highly competitive field. It is possible to prove your invention’s conception and existence by other means (e.g. prototypes built and tested, journals, notes, etc.). However, a provisional application remains one of the best and most reliable forms of proof.
- One year to assess the commercial viability of your invention
You can take advantage of the provisional application’s one-year period of protection to evaluate the commercial potential of your invention before committing to a full patent. If you decide to modify your invention during the one-year period, you can file a new provisional application and then consolidate both provisional patents into one “regular” patent.
- Use of the “patent pending” notice
Before the provisional application for patent existed, an inventor had to file a full patent application to use the “Patent Pending” or “Patent Applied For” label. Now, you can do so after filing a provisional patent application. Patent Pending is a useful theft deterrent.
- Extending the patent term
A patent lasts for 20 years, measured from the date a full patent application is filed. By first filing a provisional patent, which is valid for 12 months, you can conceivably extend your patent rights by a full year.
- Confidentiality
A provisional application for patent preserves the confidentiality of your application without publication.
- Immediate approval
Provisional applications are not reviewed by U.S. Patent Office examiners. This saves you the time and attorney fees associated with the full patent process.
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