Why Should I Get a Provisional Patent Application?

If you have an invention that you want to protect, you may have heard of the term “provisional patent application.” Read on and reach out to a seasoned New Orleans, Louisiana patent lawyer to learn more about what a provisional patent application is and how Lemler IP can help you draft and submit one. Here are some of the questions you may have:

What is a provisional patent application?

A provisional patent application is a document that describes your invention in detail and establishes your priority date for patent protection. A priority date is the date when you first disclose your invention to the public or file a patent application for it. It is important because it determines who has the right to obtain a patent for the same or similar invention.

A provisional patent application does not grant you a patent, nor does it require a formal patent claim, oath or declaration, or information disclosure statement. It also does not get examined by the United States Patent and Trademark Office (USPTO). However, it does allow you to use the term “patent pending” on your invention, which can deter potential competitors from copying or infringing on your idea.

A provisional patent application lasts for 12 months from the filing date. Within this period, you must file a non-provisional patent application that claims the benefit of your provisional application, or else your provisional application will expire and you will lose your priority date. A non-provisional patent application is the formal and complete application that undergoes examination by the USPTO and, if approved, results in a granted patent.

How can an attorney help you?

While a provisional patent application is simpler and cheaper than a non-provisional patent application, it still requires careful preparation and drafting. A poorly written provisional patent application can jeopardize your chances of obtaining a patent later on, or limit the scope of your protection. Therefore, it is advisable to consult an attorney who specializes in intellectual property law before filing a provisional patent application. An attorney can help you with the following aspects of a provisional patent application:

• Conducting a prior art search to determine the novelty and non-obviousness of your invention
• Describing your invention in clear and concise language that meets the legal requirements
• Providing drawings, diagrams, or photographs that illustrate your invention
• Filing your provisional patent application with the USPTO and paying the required fees
• Advising you on the next steps to take after filing your provisional patent application, such as developing your invention further, marketing your invention, or filing a non-provisional patent application

A provisional patent application can be a valuable tool for inventors who want to secure their rights and test the marketability of their invention. However, it is not a substitute for a non-provisional patent application, and it requires professional guidance to ensure its effectiveness. If you are interested in filing a provisional patent application, contact Lemler IP today.