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I've been helping inventors since the mid-1980s. The most important lesson that I share with every serious inventor that I talk to that wants to patent and market their idea is to develop a coordinated plan of attack that includes: Legal, Technical and Marketing

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"The best way to predict the future is to invent it"-Alan Kay

What Is A Provisional Patent?

An inventor can file a provisional patent application for their invention to obtain additional time to develop their idea while still establishing an earlier filing date. After the application is filed, the inventor has one year to finalize their invention using the Patent Pending term. The rigorous examination process begins with the United States Patent and Trademark Office (USPTO) after one year when the inventor submits a patent application.

What Are The Benefits Of Filing For A Provisional Patent?

Filing a provisional patent provides a low-cost alternative that allows the inventor to test the market before spending more money on a non-provisional patent. The one year time allowance provides inventors the necessary time to fully research and test their invention. The inventor is also extended the privilege of not having to provide claims, prior art, declarations, oaths, or informational disclosure statements, all of which are required for a non-provisional patent application.

Do I Need An Attorney To File For A Provisional Patent?

Due to the intricate nature of the patent filing process, the inventor should consider hiring professional help in preparing an application, cover sheet, and fee transmittal form to ensure the application is properly filed.

What Items Are Necessary To File For A Provisional Patent?

The requirements for a provisional patent application are far less rigid than the non-provisional patent application, needing only a cover sheet, instructive drawings, and a written description of the invention. The USPTO does not provide any official forms, requiring the inventor to prepare their own application, with or without professional help. According to the USPTO, any person skilled in the art or science should be able to interpret, make, and use the invention based on the inventors disclosure. Otherwise, the application may face rejection.

Does Filing For A Provisional Patent Guarantee An Invention Will Be Issued A Non-Provisional Patent?

No, merely submitting a provisional patent application does not mean that the invention will eventually be issued a patent. The inventor must go through an extensive process and must provide sufficient disclosure to receive approval from the patent examiner.

Is There A Fee For Submitting A Provisional Patent Application?

The provisional application costs only $110. This fee is generally a good investment, considering the benefits of the one year period which enables the inventor to continue work on the invention to ensure its viability before applying for a non-provisional patent.