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Provisional Patent Applications

At Great Plains Patent, we understand the importance of securing an early priority date for your invention as quickly and efficiently as possible. Provisional patent applications offer a cost-effective and flexible option for inventors to establish priority while allowing additional time to refine their inventions and prepare a full utility patent application. Our goal is to guide you through the provisional patent application process, ensuring your intellectual property is protected from the outset.

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What is a Provisional Patent Application?

A provisional patent application is a temporary filing with the United States Patent and Trademark Office (USPTO) that allows inventors to secure an early filing date for their invention. Unlike a non-provisional (regular) patent application, a provisional patent does not require formal patent claims, an oath or declaration, or any information disclosure (prior art) statement. It provides a 12-month period during which the inventor can further develop the invention, assess its commercial potential, and prepare a complete non-provisional patent application.

The Provisional Patenting Process

1

Idea Conception and Documentation

As with any patent process, the first step is to thoroughly document your invention. This includes detailed descriptions, drawings, and any other relevant information that clearly explains how the invention works and its unique features. Photographs of prototypes, flow charts, preliminary engineering drawings, presentations, and other materials can be included as part of this documentation.
2

Patent Search

While not necessary, a preliminary patent search is advisable to determine if your invention is novel and non-obvious. This involves searching existing patents and publications to ensure that your invention has not already been patented or disclosed. The patent search can also help focus upon the point(s) of novelty that will ultimately be claimed in the regular utility patent application.
3

Provisional Patent Application Preparation

The provisional patent application requires a detailed description of the invention, including any drawings that help illustrate its functionality. While formal claims are not required, it is important to provide enough detail to fully describe the invention. Some foreign jurisdictions require at least one claim in order to qualify as a priority document, so we will draft at least one claim to satisfy this requirement, as well as to provide an early indication of the subject matter regarded as the invention by the applicant as of the time of the provisional application filing date. Because of the lack of formatting requirements, it may be advisable to include some of the materials you generated during the documentation stage to provide further information regarding the subject matter of your invention, in addition to our detailed writeup.
4

Filing the Provisional Patent Application

The provisional patent application is filed with the USPTO, establishing an early filing date. This filing date is important as it can be claimed in a subsequent non-provisional patent application. The filing fees to file the provisional application are usually significantly less than a regular utility filing, which further makes a provisional application an attractive option to gain an early filing date.
5

12-Month Period

After filing the provisional patent application, you have 12 months to file a corresponding non-provisional patent application. It is not required that you do so, but the provisional application will automatically terminate either way at the end of the 12-month period. During this period, you can further develop your invention, seek funding, and evaluate its market potential. Further enhancements or features that you develop during this period can be included in the regular utility patent application, but you may not be able to claim the earlier filing date of the provisional for those enhancements and features. Still, most conversion applications include additional information over what was filed in the provisional application.
6

Conversion to Non-Provisional Patent Application

Before the 12-month period expires, you must file a non-provisional patent application that claims the benefit of the earlier provisional filing date. This application will undergo examination by a patent examiner, similar to the standard patenting process. We at Great Plains Patent will work with you to prepare and file the non-provisional application, sometimes referred to as a “conversion” application, as well as any non-U.S.-jurisdiction or International Patent Cooperation Treaty (PCT) applications within this time period.
7

Patent Examination and Grant

The non-provisional patent application is thereafter examined by a patent examiner to ensure it meets all legal requirements and that the invention is novel and non-obvious. If the examiner is satisfied, the patent is granted, providing you with exclusive rights to your invention.

It is possible to file multiple provisional applications if important enhancements or improvements are developed during the course of the invention development process, and to file a regular utility conversion application that claims priority to each of these multiple provisional applications, so long as the provisional applications are still pending.

What Does a Provisional Patent Application Cost?

The filing of a provisional patent application is significantly less than the cost of a regular utility application. Most provisional applications cost from around $3,000-5,000. As with our other services, we will offer to prepare and file the provisional application for an agreed-upon fixed fee amount. Usually, the cost the file a follow up conversion application will be reduced if we file a provisional application, since much of the early work on the application has been completed.

Why Use Us?

We, the Attorneys at Great Plains Patent, each have decades of IP experience working in a wide variety of technical areas, and are committed to providing you with the highest quality legal services at reasonable costs. Most work is flat-fee based, so you will know up front what to expect. We are responsive, client-oriented, and committed to your success.

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