A provisional application for patent was designed to solve an age-old problem. You
want to see if your invention has commercial appeal, but if you tell people, you
run the risk they will "steal" the idea.
Before 1995, inventors could either build the invention themselves, or they could
file a full patent application before telling anyone about their invention. However,
there were significant problems with both approaches. First, it is time-consuming
and expensive to build a working prototype, especially one based on new technologies.
Second, hiring an attorney to prepare a full patent application can cost thousands
of dollars.
The solution was the provisional application for patent. According to the U.S. Patent
Office, a provisional application is designed to provide a "lower-cost first patent
filing." A provisional patent lets you quickly secure an initial filing date for
your invention and legally allows you to use the words "patent pending." These words
serve as a strong warning. Anyone who copies your invention risks patent infringement.
Once a provisional application is filed, you have 12 months to test your idea and
seek funding before filing a full patent application. Filing a full patent before
the end of the 12-month period gives you the original filing date of the provisional
application. In other words, if you filed your provisional application on January
1, 2007 and then file your full patent application on December 31, 2007, the filing
date for the full patent will be January 1st.
If you decide not to move forward with your patent, you can simply abandon it, knowing
your upfront costs were minimal.
