If you have produced anything innovative, you should protect your work. However, submitting a patent application can be costly and time-consuming. Instead of completing a comprehensive patent application, think about submitting a provisional patent, which gives you 12 months to evaluate the commercial viability of your invention. This will allow you to use the phrase “patent pending” while marketing and selling your product. This article tells you all you need to know about submitting a provisional patent india.
What is a Provisional Patent?
Provisional patents have been accessible since June 1995. It is made available by the United States Patent and Trademark Office (USPTO) as a low-cost option for inventors to file in the US. It also gives U.S. applicants parity with applicants from other countries in accordance with the GATT Uruguay Round Agreements, which established the framework for tariffs and trade for 123 nations.
Provisional patents are formal records that are filed with the USPTO and show an earlier invention filing date. To extend the term of the terms of a provisional patent beyond the period of twelve months, you must apply for a nonprovisional patent. Your innovation will no longer be covered by a patent if the nonprovisional patent application is not submitted within the authorised 12-month time frame.
Benefits and Disadvantages
In the United States, patent protection is given to the first person to file a patent application for a specific innovation. A provisional patent’s principal advantage is that it gives inventors the opportunity to assert “first to file” status by submitting an expedited application. Contrary to nonprovisional patents, a provisional patent application does not require a claim. The claim contains a description of the invention you want to protect. Because it lacks a claim, a provisional patent is simpler to produce and keeps competitors in the dark about the precise invention you are defending. This gives inventors the opportunity to test and refine their ideas without worrying that someone else will do it before.
Because a claim is not necessary, many provisional patent applications can be submitted by innovators without the assistance of an attorney. Because there is only one filing fee each application, which ranges between $75 and $300, costs are lower. You may use the phrase “patent pending” to describe your invention for a year after the provisional patent application has been filed. All of these significant benefits come with using the provisional patent process.
A provisional patent has the drawback that no patent will be granted from it. The application serves as a stand-in while you prepare and submit your nonprovisional patent application. This suggests that you incur extra costs as a result of postponing the nonprovisional patent application. This may give the idea that you are protected, but there is no guarantee that a patent will be given until the last piece of paperwork is turned in.
When To Consider Filing
Because a provisional patent offers limited protection and won’t result in the formal issuing of a patent, you might be unsure of when and why to use one. After establishing your place as the first to file for your innovation, the goal of using a provisional patent is to quickly start production and distribution of your product. You ought to attend pitch sessions and even search for funding for your idea. You don’t want to wait that long for a patent to be awarded, which may take up to 22 months.
While you complete the nonprovisional documentation, you can quickly safeguard your idea by submitting a provisional patent. This gives you the assurance provided by the “patent pending” notation present on all related documentation for your items.
How To Apply for a Provisional Patent
You must finish USPTO Form SB-16, the Provisional Application for Patent Cover Sheet, in order to begin the application. This document includes a list of the inventors’ names, the invention’s title, and an address for correspondence. A disclosure must be completed, and it also needs to be signed.
With the application, you will include:
Application Data Sheet
Drawings of the invention
Specification (description of the invention)
You have the option of applying online or by mail. Typically, the filing fee is $300. For small businesses, the provisional patent costs $150, while for micro firms, it costs $75. A small company has no more than 500 employees. Micro entities are small businesses that aren’t mentioned on more than four utility patents and have a gross income that isn’t more than three times the average family income for the prior year.
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