Goldstein Law Offices, P.C. -
 

Provisional Patent Applications

The provisional patent application gives inventors a lower cost option for protecting their inventions. A provisional patent acts as a "stepping stone" towards filing a utility patent application. When a provisional patent application is filed in the United States Patent Office, it "reserves the right" for an inventor to file a utility patent application within the next year.

Benefits

Provisional patent applications, when prepared properly with a full and concise description, preserve priority for the inventor for a period of one year.

After the provisional patent is filed, the product may be legally marked "patent pending".

The inventor is free to disclose the invention to others that could help market, manufacture, and promote the product, without fear of the invention being "stolen".

Provisional patent applications cost less than a utility patent application. A lower initial investment is required before the invention can be safely disclosed to others.

The inventor has almost a year to decide whether the invention is worthy of further investment.

If the inventor determines that the invention is not worthy of further investment, the provisional patent application is simply abandoned at the end of the year.

 

 

Disadvantages

Filing a provisional patent application will not by itself result in a patent. To obtain the right to stop others from making, selling, and using your invention, you must follow through with the filing of a utility patent application before the one year anniversary of the provisional filing.

Filing a provisional will delay the time it takes to receive a patent. The waiting period for the Patent Office to review the application does not begin until a utility patent application is filed.

Contact us We can provide you with a quote regarding the expense of preparing a utility patent application for your invention.

Getting Started We highly recommend, however, that you get started by having us perform a manual patent search.