If you are developing new products, you need to know about provisional patent
applications (PPAs). Provisional patent applications offer numerous benefits for
inventors and entrepreneurs. For example, you can use a provisional patent application to help you raise money from investors or secure a licensing agreement.
Please note: I am not an attorney, and the information in this article is not legal advice.
I have been a full-time inventor for over 40 years. Throughout my career, I have used provisional patent applications repeatedly to help me commercialize my inventions.
Now, I want to help you do the same.
The provisional patent application is a wonderful tool!
What Is A Provisional Patent Application?
Provisional patent applications were designed to provide inventors with a more
affordable way of starting the patenting process in the United States. (To learn more about the patenting process, read How To Patent A Product.)
Inventors have had the option of filing a provisional application for patent since June 8th, 1995.
After you file a PPA with the U.S. Patent and Trademark Office, you are allowed to
describe your idea as “patent pending” for the next 12 months.
Now, you are able to tell the world you’ve filed intellectual property on your product idea or invention!
A provisional patent application can result in a U.S. patent. Provisional patent
applications do not automatically become patents. After you file your provisional patent application with the USPTO, you must decide whether to file a corresponding non-provisional patent application.
There is no such thing as a “provisional patent.”
You do not need to be a U.S. citizen to file a PPA with the USPTO. You do not need to live in the United States to file a PPA with the USPTO either. Inventors living around the world can take advantage of this wonderful tool.
What Is Required For A Provisional Patent Application?
The requirements for filing a provisional patent application with the USPTO are simpler than filing a non-provisional patent application.
This is primarily because you do not need to include any patent claims. Patent claims define what exactly is being protected in the patent. They are found at the end of a utility patent, where they are listed in numeric order.
Patent claims are written in a very specific way. If you have never read a patent claim before, you will likely need to do so several times before understanding what is being said. (To learn more about patent claims, read our three-part series written by patent agent Kevin Prince.)
It is important that you include multiple drawings in your provisional patent application. When it comes to patent applications, the saying that “a drawing is worth 1,000 words” is beyond true. While drawings are not required, they are very useful. If you forget to include something about your idea in writing, but that something is referenced in a drawing, you are allowed to add it in a future non-provisional patent application.
“A drawing necessary to understand the invention cannot be introduced into an
application after the filing date because of the prohibition against new matter,” the USPTO explains on its page about provisional patent applications.
These drawings do not need to be formal or fancy.
For a full list of what is required to file a PPA, review the USPTO’s Provisional
Application for Patent page.
The Big Benefit Of Provisional Patent Applications To Inventors
Provisional patent applications are a great first step.
You can file a PPA with the USPTO for less than $100. You can teach yourself how to draft your own PPA with the help of software. You can hire a patent attorney or a patent agent to help you. Depending on what you learn during your year of “patent pending” status, you can decide to convert your PPA into a non-provisional patent application and move closer to obtaining a patent.
Is a patent required to license an idea? No. Nearly all inventRight members who license their ideas do so using only a provisional patent application.
Here are some things for you to consider as you weigh the importance of intellectual property.
When I sued the toy company LEGO for patent infringement in 2003, I learned an important lesson: Patents are just words that are going to be interpreted differently at different times by different people — including patent examiners, juries, PTAB judges, investors, and potential licensees. All of these people have their own perspective and biases.
The question of what you actually own when you patent an invention is a very slippery slope. At the end of the day, anything can be challenged.
I thought having a patent meant no one could steal my idea from me. In reality, what patenting an invention does is give you the right to sue for patent infringement.
For most simple consumer products that have a very short life span, a patent may not be that important. Why? Because it takes years for a patent to be issued. By then, sales of the product may have slowed down or stopped completely.
The other issue is that trying to stop someone who is infringing on your intellectual property has become extremely expensive and time-consuming. There’s no guarantee you will be successful.
These are two very good reasons why a patent is perhaps not required.
But, you need to have the option of getting a patent — and that’s why you should file a provisional patent application.
A PPA keeps the door open in the event that you decide that you do want to file a non-provisional patent application.
There are many situations in which having an issued patent is going to have great value. For example, studies show that startups that file intellectual property early and often raise more money. Raising more money is essential to the life of a startup. In some industries, a patent is needed to take away enough risk for others to invest in and/or license your invention. This is especially true when commercializing your product idea or invention is going to take a lot of time and a lot of capital.
Are Provisional Patent Applications Published By The USPTO?
No. The USPTO does not make provisional patent applications public. It does not even examine PPAs.
Can I File a Provisional Patent Application Myself?
Yes. You can teach yourself how to draft and file your own provisional patent
applications. There are many resources available to help you, including books and software programs like inventRight’s SmartIP.
Learning how to draft and file your own PPAs will save you a considerable amount of money. You can always have a registered patent practitioner — meaning a patent agent or a patent attorney that is in good standing with the USPTO — review your work.
How Much Does It Cost To File a Provisional Patent Application?
Currently, the cost to file a provisional patent application with the USPTO if you qualify for what’s known as “micro-entity” status (which most independent inventors do) is $60. To confirm, review the USPTO fee schedule.
Resources To Learn More About Provisional Patent Applications
To learn more about provisional patent applications from a legal perspective, read the articles on IPWatchdog’s Inventor page.
To learn how to use provisional patent applications to help you get a licensing deal, read my book Sell Your Ideas With or Without a Patent.
Looking for help drafting your own PPA? Check out our program SmartIP, which was co-developed by world-renowned patent attorney Gene Quinn.
