Create A Provisional Patent Application

What Is a Provisional Patent Application?

A provisional patent application is a document submitted to the United States Patent and Trademark Office (USPTO) to secure your spot in line for a patent. Patents operate on a first-come-first-serve basis, and if your invention isn’t quite ready yet, submitting a provisional patent saves your spot in line.

An accepted provisional patent application gives you the right to use “patent pending” on your invention.

What Is a Utility Patent?

A utility patent is used for innovation in how something works. You should register for a utility patent if you’ve created a machine, manufactured goods, processes, chemical processes, computer software, or something similar.

Utility patents are eligible for provisional status.

Start Your Provisional Utility Patent Application.

What Is a Design Patent? 

A design patent protects how a product looks. Your design can be for a handbag, a sofa, a cell phone, or anything in between. You should register for a design patent if you want to protect the appearance of a product.

Design patents are not eligible for provisional status. If you want to apply for a design patent, you can jump right to an official patent.

Start Your Design Patent Application

Certain innovations will qualify for a utility and design patent if both the function and design are unique and operate independently.

How Do I File a Provisional Patent Application? 

You can file a provisional patent application in three simple steps:

1.     Run a search to see if there are any patented inventions similar or identical to yours

2.     Describe how your invention works and describe how it’s made

3.     Input the details onto the application and file it to the USPTO

Should I File a Provisional Patent Application? 

If you have a cutting-edge innovation that you want to ensure you get credit for, but you aren’t ready to apply for a formal patent, yes, you should apply for a provisional patent.

If your invention or design is ready to be used, you should apply for a patent[AI3] .

What Information Do I Need to Provide to File a Provisional Application? 

• Name and address
• Occupation
• Background of innovation
• Description of innovation
• Drawings (if applicable)

Once I File a Provisional Application, How Long Do I Have to Finish My Patent? 

Once your provisional application is approved, you’ll have a valid “patent pending” stamp for twelve months.

After a year, you’ll have to submit your official patent application. The termination date of the pending status cannot be extended, even if you submit another provisional application.

Is a Provisional Patent Worth It? 

If you believe your invention is a hot-ticket item that someone else may think of, then a provisional patent is worth it because it ensures that you are designated the owner of your IP.

Unlike trademark and copyright, it doesn’t matter for patents who thought of it first. Who submitted the idea first is what matters.

Can a Provisional Patent be Rejected? 

Yes. If the USPTO agent who reviews your case believes your invention lacks detail, isn’t going to be of much use, or that there’s already something similar patented, they can reject your application.

It’s crucial to run a search before submitting your application to decrease your chances of your application being rejected.

Can You Sell a Provisional Patent? 

Yes. You can sell your provisional patent, or you can license the rights to use it.

Generate a Provisional Patent with LegalZone 

If you’re on the brink of bringing your invention to life, we want to help you secure your patent. Within minutes, LegalZone can help you submit your provisional patent application to the USPTO.

If you have questions about whether a provisional patent is right for you, you shopuld consult with an attorney.

If you’re ready to begin your provisional application, we make it easy and affordable to streamline your process. We’ll take care of searching for similar inventions and submitting your paperwork so you can keep on innovating.

Start Your Provisional Patent Application today with LegalZone.