The Filing Of A Provisional Patent Application

It's The Best First Step

The U.S. has "first-to-file" patent laws. This means that whoever files a patent application first gets any potential patent rights, even if they did not invent it first. Thus, timing is very critical.

Most patent experts agree that the most important "first step" in protecting your invention is to prepare and file a provisional patent application. It is also the quickest and cheapest way to start the patenting process.

If you talk about your invention publicly without first filing a provisional application, you lose the ability to get any potential patent rights in most foreign countries. An application must be filed before you talk about your invention.

If you discuss your invention to anyone (public disclosure), the U.S. Patent Laws give you one (1) year to file a patent application. If an application is not filed within 1 year, you lose your right to file for a patent.

After filing a provisional patent application, your invention is immediately "PATENT PENDING." This allows you to talk about your invention to others without worrying that they will steal your idea. You can discuss your invention without a confidentiality agreement and hire a company to make a prototype.

A provisional application only lasts for one (1) year from the day it is filed with the U.S. Patent Office. Filing a provisional application gives you one year to work with your invention and determine if it has value. To continue the patent process, a non-provisional patent application must be filed before the 1-year anniversary date.

The Patent Process Requires Patience

A skilled and experienced attorney knows all the steps that need to be taken while anticipating potential problems in applying for a patent. The process is complex. Legal representation is vital. It protects potentially valuable ideas that allow investors to move forward toward the manufacturing and marketing process.

It is important to remember that a provisional application only lasts for 1 year. After one year, the application expires. A non-provisional patent application must be filed before the 1-year date in order to continue the patenting process.

We encourage our clients to be aware that 12 months can pass quickly. Eventually, a formal patent application will be necessary. While that process is more expensive, more significant "costs" can come in the form of someone else taking the idea as their own.


Contact Our Law Office Today For a Free Consultation

We offer a free initial consultation to discuss how to protect your invention. Our process is designed to be the most cost-effective process for inventors that is handled by an experienced patent attorney.

We are not an invention submission company.