What Basically Is A Provisional Patent Application?
A provisional patent application is a beautiful tool to protect your idea with the US Patent Office permanently. But it is only helpful if you also submit a non-provisional patent within the permitted 12-month period. The patent application will not protect your idea if it is not used properly.
Patent application Secure a Filing Date from the US Patent Office
When submitting a patent application, you get a filing date from the Patent Office. But that date is only saved for a year. If you want to maintain the application date, you must submit a non-provisional patent application before the 12-month period is complete. For instance, if you submit a patent application on February 1, 2010, that date is held until February 1, 2011 for one year. You must file a non-provisional patent application by 2/1/2021 in order to meet the 2/1/2020 deadline. If you don’t, you’ll lose the date of 2/1/2020, which could have bad impacts.
Let’s look at an example:
- You file a patent application: 2/1/2010
- Competitor files a patent application: 3/1/2010
- Your application expires 2/1/2011
In this example, you can see that your filing date of 2/1/2010 was earlier than your competitor’s filing date of 3/1/201, putting you in front of him in the queue for trying to obtain a patent. However, keep in mind that you can only maintain the 2/1/2010 date if you submit a non-provisional patent application before the provisional patent application’s expiration on 2/1/2011. If you don’t, the date of 2/1/2010 will be lost and vanish. And your competitor will be in front of you with his date of 3/1/2010.
Hence, in order to maintain the provisional patent application date, it is essential to file the non-provisional patent application within 12 months of submitting the provisional patent.
Patent Filing Date at a Cheaper Price
It is less expensive to file a patent application than a non-provisional patent application. Which makes the process of filing a patent application more accessible. Keep in mind, too, that a patent application is only relevant if you submit a non-provisional patent within the specified 12-month period. Due to the fact that you must submit both a provisional and non-provisional patent, you actually end up spending more money.
You can decide to skip the application if you have the resources to submit a non-provisional pretty quickly. However, you can choose to submit a patent application first if you need more time to make money for a non-provisional. Just keep in mind that your application will expire in 12 months even if you submit a non-provisional.
Faster Patent Application Submission
Because there are fewer requirements for filing, patent applications can usually be submitted more quickly than non-provisional. It is a helpful tool, if you need to quickly submit a patent application before exposing the innovation to the public. Just keep in mind that you must still file the non-provisional patent application before the provisional patent’s 12-month expiration.
Receive the “Patent Pending” status
You can identify your idea with the phrase “patent pending” after filing an application. Consider the fact that it only lasts for a year. You must submit a non-provisional patent application before the provisional patent’s 12-month end date. Because we need to maintain “patent pending” status.
No patent rights as of yet
You cannot prevent others from using your idea as a patent application is yet to become a patent. You must submit a non-provisional. And to stop others from copying your innovation, have the US Patent Office confirm it. Using a patent application is like establishing a 12-month temporary deadline. Do not forget to submit a non-provisional before the provisional patent application’s 12-month end date.
International Filing Date
The US Patent Office provides a filing date to a patent application, but most other nations may also apply that date. For example, you might file a Canada patent application in Canada before the US patent application expires 12 months after you file it. And it would also be able to use the date saved by your US patent application. Keep in mind that a patent application is only active for a year. You must submit non-provisional before it expires in each nation. And they can all make use of the time that was recorded by your patent application.
Patentability not examined
The patent office does not analyze an application to evaluate how your innovation qualifies for a patent. That is only attainable after submitting a non-provisional patent application. Keep in mind that a 12-month “save the date” is simply what a patent application is. To use it properly and maintain your position with the US Patent Office, you must submit a non-provisional patent within 12 months of filing an application.