Provisional patent applications are generally known in the startup community as a cheap way to protect your patent rights, but finding practical information can be difficult. Below are some frequently asked questions from clients regarding provisional patent applications. Please note that the information provided here is general information and does not constitute official professional advice. For formal professional advice, please contact a PCK expert to file provisional patent.
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Is a provisional patent a real patent?
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More specifically, “Is a provisional patent application a real patent application?” The answer is yes! A provisional patent application is a legal document filed with the United States Patent Office that can provide basic patent-pending protection. However, a provisional patent application is best described as a placeholder for a formal patent application. A provisional patent application expires in 12 months, so if you do not file a formal patent application within one year, your provisional patent application will expire.
Because provisional patent applications must ultimately be converted into formal patent applications, you must ensure that the original provisional patent application contains all the essential content you wish to include in your formal patent application. The advantage of a provisional patent application is that it is a relatively inexpensive way to quickly secure a patent filing date for your invention, but the risks of provisional patent filing are the significant costs needed to support a formal patent application. It is possible to inadvertently omit information.
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What is the difference between a preliminary application and a formal application?
Unlike a formal application, there are few requirements regarding the content of a provisional patent application, and the Patent Office does not even examine the application. For this reason, a provisional patent application may differ significantly from a formal application. Provisional motions do not require a petition, and very often petitions are omitted entirely. Startups may submit scientific papers, marketing materials, or slide presentations for pitches. A hypothetical need only explain what the invention is.
A formal application is a highly technical document that must be drafted by a patent professional. While the best form of patent protection is a formal patent application, cash-minded start-ups need provisional patent applications that are ultimately found to be flawed so that filing dates can be set quickly and efficiently. Taking risks is common. PCK’s experts can help mitigate this risk and protect your business as much as possible through your provisional patent application. 3. When can I say “patent pending”?
The phrase “patent pending” can be a powerful marketing tool to increase sales. The term may be used in marketing, sales presentations, and sales pitches beginning on the date of the provisional patent application and ending on the date the patent application expires or is abandoned. If you are in trouble, even if you say “patent pending”, you have a sincere intention to actually apply for a patent, and if you stick to that intention, it will be OK.
3. When can I tell people about my invention?
You may already know that, strictly speaking, an invention must be classified if patent protection is to be sought. Patent applications generally transform trade secrets into another type of IP protection, so it is important to file a patent application before any discussion.
So when can you start telling the world about your amazing invention? File a provisional patent application to share information about your invention without losing patent rights. However, protection is limited to the content of the provisional patent application. This means that you can safely disclose only the features of your invention that are listed in your provisional patent application. For this reason, some startups include actual sales presentations and marketing materials in their provisional patent application.
4. What if I change my invention later? As a startup, your product may still be in development. Luckily, there are some options to keep your patent application relevant after the pivot.
Submission of a formal patent application may update the provisional patent application to reflect the latest version of the product. A drawback of this approach is that the new material added to the formal application does not have the same filing date as the features contained in the original provisional application. Qualification is paramount because patent rights are granted to the person who first applies for a patent, not the person who invents first. To prevent someone else from arriving at the Patent Office before you, you may file additional provisional patent applications within one year before you need to file your formal application. Update and resubmit your original application each time you significantly update your invention. At the end of the year, all preliminary applications can be combined into her one formal application.
