What separated Alexander Bell (inventor of Telephone) from Elisha Gray were just few hours. The patent for Telephone system was granted to Alexander Graham Bell and it ended up revolutionizing how we communicate with each other. Elisha Gray had also invented similar device for voice communication across the distance at around the same time. Elisha Gray and Alexander Bell’s lawyer filed patents on the same day, but Alexander Bell’s lawyer was few hours early in paying his USPTO filling fees than Elisha Gray. These few hours made great difference in their respective entrepreneurial successes.
Entrepreneurs are always worried about how to protect their invention. Sometime these worries make them so protective that sharing, nurturing, incubation and growth of these inventions gets hampered. Securing a patent protection for their invention gives inventor a greater peace of mind. However, filing a patent and getting it approved is a cumbersome process, and it takes long time (often few years) and the cost could be thousands of dollars. In today’s age, lot of things changes in a year – the, product usage, competitive landscape and user behavior.
“Elisha Gray and Alexander Bell’s lawyer filed patents on the same day, but Alexander Bell’s lawyer was few hours early.”
United States Patent and Trademark Office (USPTO) offers inventors the option of filing a provisional application for patent for as little as $65. It was designed to provide a lower-cost patent filing in the United States and to give U.S. applicants parity with their foreign applicants.
“United States Patent and Trademark Office (USPTO) offers inventors the option of filing a provisional application for patent for as little as $65”
How can you seek protection for your intellectual property in a cost effective manner?
A provisional patent application is simpler than the regular patent and it does not require a formal patent claim or a declaration. Provisional application does not need to include any information disclosure of prior art statement about the invention, because provisional applications are not examined by USPTO. The main purpose of a provisional application is to provide a means to establish an early effective filing date in a later filed non-provisional (regular) patent application. After filing a provisional patent application inventors are free to use term “Patent Pending” for their invention.
“The main purpose of a provisional application is to provide a means to establish an early effective filing date in a later filed non-provisional (regular) patent application”
A provisional application for patent is valid for 12 months from the date of filing. This 12-month pendency period cannot be extended. It means, an applicant who files a provisional application must file a corresponding non-provisional application for patent within this 12-month pendency period to claim the early filing date for his/her invention.
While filing the provisional patent, it is important to make sure that you include a broad description of your invention in your provisional patent application. Keep in mind that, when you file your non-provisional patent application, the invention claim has to be same or subset of the invention described in the provisional patent application. It also needs to have at least one inventor in common between provisional and non-provisional application. If one of these conditions are not satisfied, then you will not be able to use your provisional patent application filing date.
Here are some of the resources for you to get started quickly:
- http://www.uspto.gov/patents/process/file/efs/guidance
- http://www.uspto.gov/patents-application-process/applying-online/efs-web-guidance-and-resources
- http://www.uspto.gov/sites/default/files/documents/USPTO%20fee%20schedule_current.pdf
In a nutshell, turning your invention into a thriving business needs nurturing and incubation. You need a team to work on various aspects of business around this invention; you need to share this invention with your team, advisors and investors. By means of filing provisional patent inventors can get some peace of mind to share his/her idea more freely and can use “Patent Pending” status for this invention.
“By means of filing provisional patent inventors can get some peace of mind to share his/her idea more freely and can use “Patent Pending” status for this invention”
DISCLAIMER: The information contained in this blog is not a legal advice and it is for informational purpose only. You are advised to consult your legal advisor for getting expert advice.
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