Many inventors and businesspeople have a lot of misconceptions about what is simply referred to as a “provisional patent.”First and foremost, it is necessary to state that there is no such thing as a “provisional patent.”An application for a provisional patent, on the other hand, is what you submit. A provisional patent application, like any other type of patent application, can stop time in relation to so-called statutory bars, and you can say that you have a “patent pending” as soon as you file one.
Perhaps most importantly, it is critical to file a provisional patent application as soon as practically possible now that the United States has abandoned our historic first-to-invent ways and become a first-to-file nation (see A Brave New World — First to File Becomes Law). Priority will be established and the need to act quickly under first to file rules will be satisfied by filing a provisional patent application that adequately describes the invention. In the world of the first to file, a well-prepared provisional patent application is your best friend.
Naturally, a provisional patent application should only be viewed as the initial step toward obtaining a patent. To ultimately obtain a patent in the United States, you will need to submit a nonprovisional patent application. Nonetheless, starting with a provisional patent application has significant advantages. However, just like with most things in life, there are dangers that can and do entice the unwary and inexperienced.
When is it best to file a provisional patent application?
In most, if not all, or even nearly all cases, the invention you initially envision won’t be the one you ultimately want to patent. You will frequently come up with an invention and want to safeguard it, even though you are aware that you will need to keep working on it. There are things you want to improve, things you need more time to research and develop, and things you want to patent before you have 3D renderings, engineering drawings, or even an intermediate prototype. Because you do not possess the invention in its entirety, you simply cannot possibly describe everything that you will ultimately want to describe in this context. The 75-25 rule almost always applies to the drafting of provisional patent applications because of this. Gain knowledge at every stage of the development of your invention. Since it is best to file a patent application as soon as possible, consider filing a provisional patent application as soon as your invention is concrete and observable enough to describe it. If you improve after that, you can move to a nonprovisional patent application or file another provisional patent application. The new subject matter cannot be added to a nonprovisional patent application, so you should not file a nonprovisional patent application while working on an invention. in the previous year. Therefore, if you are working on improving, perfecting, and adding to your invention, which may be currently protected, a provisional patent application is the best option.
The main advantage of filing a provisional patent application is that the patent office will not take action until you file a nonprovisional patent application claiming priority on the filing date of the provisional patent application. This means that you do not have to pay the PTO or any further legal fees until you decide to proceed. This will help you lay the groundwork for getting a patent, stay ‘patent pending’, and save money along the way. In my opinion, the benefits are huge. It’s important to remember that an improperly created temporary is a complete waste of time and money.