Provisional Patent application is the first step towards securing your invention without filing complete patent application. A lot of detail goes into filing a non-provisional patent application which makes it a time-consuming process. When an applicant is involved in R&D work and wants to protect his/her invention without taking off its focus, it is a good idea to file a provisional patent application. This article highlights the importance and advantages of filing provisional application.
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Four Advantages of Filing Provisional Application
The USPTO stepped forward by allowing the applicants and the inventors to file a provisional patent application. The main intention behind this was to ease the process for applying for patent. Filing a provisional patent application comes with multiple benefits. As an investor or an applicant, it is advisable to file a provisional patent application instead of non-provisional patent application.
Take a look at the benefits of filing provisional patent application:
- Secures Priority Filing Date – There is a great significance of effective filing in the IP sector. A patent applicant that is filed earlier than other has a solid base for fighting a lawsuit against the infringer. The priority date is the date on which an applicant submits the provisional patent application. Thus, it is one of the major advantages of filing provisional application. It helps in securing your invention against the infringers.
- 12 Months of Interim Protection – The pendency period or a duration of 12 months is given to the applicant when he/she files the provisional patent application, considering it has been approved. During this period of 12 months, the investor or the applicant must file a non-provisional patent applicant to secure his/her patent. Failure to do so will lead to abandonment of your provisional patent applicant. In addition to that, the applicant can work around his/her invention or make changes to it or do whatever necessary to complete the patent process during this year.
- Less Expensive – One of the biggest advantages of filling a provisional application is that its filing does not incur huge costs. The cost to file a non-provisional patent application is huge. This is one of the major reasons which keeps investors and applicants away from filing a patent application. The investors can file a provisional patent application which does not costs huge. During the pendency period, the investors or the firm can figure a way out to file a complete patent application if they don’t have financial assistance now.
- Less Legal Formalities – While filing a provisional patent application, there is a reduction in the legal formalities when you compare it with non-provisional patent application. The applicants or the investor does not need to focus too much on the format or the claims section. This results in significant reduction of the cost if the inventors hire a patent attorney to file a provisional application. Since a provisional application does not disclose much information about the invention, there is no examination of the invention. However, the applicants can not file a provisional patent application in case of design patent.
What Information Does Provisional Patent Application Bear?
When filing a provisional patent application, there are a few things that it must contain. Take a look at the information that a provisional patent application carries:
- The title of the invention.
- Provisional Specifications
- Description of the invention.
- Objective of the invention.
Hire PDC for Filing Provisional Patent Application
Filing a provisional patent application gives the inventors the necessary time to work around their invention and at the same time, provides security to the invention. Now that we have enlisted the advantages of the filing provisional application, you may want to hire a patent attorney to take the onus of filing provisional patent application.
Patent Drafting Catalyst (PDC) is the leading firm when it comes to delivering solutions across patent-related matters. We have a diversified team of patent drafters, subject matter experts to help you in filing patent applications. Whether you are planning to file a provisional patent application or non-provisional patent application, our team can help you out.
To know more about us or our services, you can get in touch with us.
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Frequently Asked Questions
What is the difference between Provisional & Non-Provisional Applications?
The basic difference between provisional and non-provisional patent application is that filing provisional patent application gives 12 months of period to work around the invention while the non-provisional patent application is actually the patent prosecution cycle.