[vc_row][vc_column][vc_column_text]In 1995, the United States began implementing a provisional patent application process.\u00a0 Provisional patents establish an early filing date, protecting inventions with a \u201cpatent pending\u201d designation for up to one year.\u00a0 Provisional patents are completely optional and do not replace nonprovisional patent applications, but instead serve to supplement them.\u00a0 There are many differences between these two types of patents.<\/p>\n
Content<\/strong><\/p>\n Formal patent applications usually include artist renderings, detailed descriptions, claims, and examples to explain the invention, which have to comply with a specific format.\u00a0 Provisional patents do not have any special restrictions on the format used to provide descriptions of the invention and also do not have to include product claims.\u00a0 Provisional patents are also much easier to prepare and can be submitted quickly.\u00a0 As an example, a client of our law firm was anxious because he had to make a report on his new technology to a customer on the following day, but was afraid that they might copy his technology after submitting the report.\u00a0 We recommended he apply for a provisional patent.\u00a0 We modified his report file and submitted an application to the Patent Office on the same day, protecting his work.<\/p>\n Cost<\/strong><\/p>\n Provisional patents cost on average much less than a typical patent.\u00a0 Patent agents and attorneys would typically require 30 to 40 hours to prepare a patent application, but only 8 to 10 hours to complete a provisional patent application.\u00a0 If a client provides proper documentation, the provisional patent application can be completed even faster, further reducing attorney fees.\u00a0 Filing costs are also reduced.\u00a0 Filing a formal patent application requires a fee of $785 while the provisional patent is only $140.\u00a0 It\u2019s important to remember, however, that provisional patents are an added cost.<\/p>\n Confidentiality<\/strong><\/p>\n Unless specifically requested, patent applications are published 18 months after the filing date of the application.\u00a0 Provisional patents are not published by the USPTO.<\/p>\n As previously mentioned, provisional patents are valid for up to one year.\u00a0 Applicants will need to convert their patent from provisional to nonprovisional during this period of time.\u00a0 The effective filing date for the official patent application will be the filing date of the provisional patent.\u00a0 Any new developments on the product will still have the earlier filing date.\u00a0 Many inventors and enterprises have strategically used this benefit to their advantage.<\/p>\n A more practical benefit of provisional patents is an implied one-year test period.\u00a0 After filing a provisional patent application, if an inventor determines that the developed product is unfeasible, has no prospects, or has no market value, he or she can simply abandon the formal patent application and allow the provisional patent to expire.\u00a0 While not the best case scenario, the inventor will not have to pay the fees associated with a nonprovisional patent.<\/p>\n The Law Offices of Scott Warmuth\u2019s intellectual property department can help individuals, partners, and corporations protect their inventive products under patent law.\u00a0 For a free intellectual property consultation, call our firm today at 888-517-9888![\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":" In 1995, the United States began implementing a provisional patent application process.\u00a0 Provisional patents establish an early filing date, protecting inventions with a \u201cpatent pending\u201d designation for up to one 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