Well, all you need to do is to file an application with the United States Patent and Trademark Office (USPTO). Easier said than done; the process involves a lot of formalities that you need to take care of. And, if you wish to save some money on the filing costs, you may consider filing a provisional utility application, which would get you a ‘patent pending’ status on your invention. However, do keep in mind that this type of application lasts only for a year, 12 months, if you put it this way, from the date of filing.
Provisional Utility Application – An overview
To be or not to be; while some choose to go with this application, there are others who take a different stand. The choice is yours; we’ll acquaint you with the benefits and then it’s up to you, whether you wish to file a regular application or a regular one. Here’s what attracts the inventors in the first place:
Early commercialization – if that is what you want, filing a provisional application is just the right thing to do. It would help you protect your invention, thereby increasing the prospects of commercialization.
Savings – Well, this is certainly a debatable aspect, but the general perception does rule in the favor of a provisional application. A lower filing fee would ensure that you save money, which can at times run into thousands of dollars.
Even if you seek the assistance of a patent professional, such as InventHelp, they would have to complete comparatively less paper work, which again would lead to cost-cutting. The best part is that you may not need to hire a draftsman at this point, more so because informal drawings would do the trick.
Now, when you talk of benefits, they galore, but before you actually going ahead with the patent filing process, do weigh the pros and cons of every type of application.
Points that you should make a note of:
A provisional utility application is neither reviewed nor examined during the course of its lifetime, which, as already mentioned above, amounts to 12 months.
A provisional application does not lead to a provisional patent by any chance. That’s a common misconception, which has been there for years but that is what it is, just a misconception, nothing more.
Provisional Utility Application – A peek-a-boo into the contents
Well, both the Supreme Court and the USPTO have clearly mentioned what all needs to be there in a provisional application. Have a look:
To begin with, you need to have a written description of your invention. Now this description must follow a typical framework and should compulsorily be in compliance with the requisites stated in 35 USC § 112. As an inventor, you must know that how the embodiments of your invention can be made and used and while writing down the description, you need to include this information and that too in the first paragraph itself.
Your invention is your brainchild and therefore you are familiar with even the minutest details of it, but others might need to go through a couple of drawings to have a better understanding of what you’ve invented. Therefore, it is very important to include the relevant drawings and what’s even more important is to make sure that these are in tandem with 35 USC §113.
Well, the process of getting a patent trademark might seem easy at first, but the formalities can take a toll on you. Therefore, it is advisable that you seek professional help from agencies such as InventHelp, more so because patent filing calls for a lot of input.