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Provisional Patents Basic Filing

Updated on August 26, 2013

USPTO - Provisional Patent Protects Ideas

Provisional Patent to Start to Protect your Idea

Protect a great idea by securing a provisional patent. If you like to tinker and make things, but are not familiar with the US patent system you need to learn about how you can start the process to keep your brain power and knowledge secure so that you have the rights to your invention and the potential profits it may produce, the best place to start is right at the US Patent and Trademark website. There is a patent process page that goes into great detail about the steps from start to finish. One of the best things to do especially if you are on a budget and want to start to protect your idea while you continue to flush out all the kinks prior to filing your more expensive full patent is to create a provisional patent, which is basically a rough version that outlines and defines the product you are building and most importantly gives an inventor a year to continue to work on the product prior to needing to make additional steps towards filing a formal patent.

Patent Application Process

USPTO Patent Process
USPTO Patent Process

A couple of patent drawings

Provisional Patent Good Solution for Entrepreneurs

The beginning of a business endeavor may come from a new product based on a unique idea and understanding the process of filing for a provisional patent and protecting the ideas correctly is top of mind for many entrepreneurs. This can be a great opportunity for a new business owner to introduce a new product in the market and gain an edge over existing competition or disrupt the existing market by introducing a new product or service altogether. Small business owners that do not protect their inventions can fail in the long run because of cheap competition, therefore it is critical to consider the long term implications of avoiding to go through this process. A provisional patent can be filed in the US Patent and Trademark Office (USPTO) to avoid others from getting the first mover advantage. A provisional patent application should specify the description of the unique product idea and a drawing of an invention. The provisional needs to provide a good representation of the product and can still allow you some ability to expand upon your concept and ideas between filing your provisional patent and taking the next steps towards attempting to be granted the full patent.

Urgent Business Care is one service that has people experienced in protecting new ideas and can be available to walk business owners and entrepreneurs through filing a provisional patent to start the process of documenting patent rights even though the idea or new product is under development. Keep yourself and your team tinkering on the extras and polishing the idea up so it will be ready to go to market and utilize the provisional patent process to still protect your invention now. It is best to work with a specialist that has the ability to assist you in the research process and have experts with industry knowledge both on the product development side and with the legal support necessary to file the paperwork properly and make sure the language is drafted correctly to protect the ideas from others that might want to enter into your space at a later date after your product proves their is a viable market.

A provisional patent application provides a new business owner with the ability to use “patent pending” on the new product to be launched. Significant marketing benefits are to be expected because competitors cannot copy or duplicate the new product. The filing of provisional patents is easy to prepare and becomes a way for new business owners to defer costs of filing a non-provisional patent application which can become quite expensive.

New business owners need to remember that filing an application for provisional patent does not give full patent rights and is not a certain guarantee that you be granted a full rights patent upon going through that process. What the provisional patent does is it will merely entitle the business owner with a date placeholder to serve the filing of the application for non-provisional patent in the future. This can help a young company out greatly as that it lets you lock in the date of your idea so that by the time you are able to file the non-provisional if someone else has also filed a patent similar to your product you can argue yours was legally first despite the slight delay in the non provisional filing. This helps many start ups float needed cash appropriately as the process for the non provisional can be expensive depending upon the product type and the legal firms involved in supporting the patent process. At Urgent Business Care, a network of IP attorneys have been put together by Access Growth LLC management and they are available to assist Urgent Business Care clients with intellectual property consulting and legal services and will help business owners in filing the non-provisional patent within one year after the provisional patent has been put into motion.

Protect your ideas with a provisional patent so you can reap the benefits of your hard work from market research, product development, marketing and sales, developing sales channels, and making money from your ideas.

Provisional Patent in a Nutshell


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