How to File a Provisional Patent Application

All patents in the United States are issued by the US Patent and Trademark Office (USPTO). While the patent application process can be lengthy and complex, the USPTO offers a provisional patent that protects investors for a period of 12 months while they organize their full patent applications. A patent application is less expensive and easier to obtain, usually not requiring the assistance of a legal professional, and it provides "patent pending" status to an invention.

Difficulty: Moderate

Instructions

1. Obtain and complete forms. The cover sheet, fee transmittal form and application data sheet that must accompany a provisional patent application can be obtained directly from the USPTO Website. The cover sheet will include the names and addresses of the inventors and the title of the invention. The fee transmittal form will help the applicant determine which filing fees apply to the application.Though not required to be on a USPTO form, the required application data should be submitted in the required USPTO format.

2. Write the specifications. A fancy word for a description of the invention, the specification should be in "such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention pertains to make and use the same." In other words, the specification should explain how the product is built in terms that a reasonably qualified person could reproduce the invention.

3. Make drawings. A provisional patent application will usually require drawings, not photographs, of the invention that show construction detail described in the specification document. The drawings are usually in black and white ink unless color is necessary to illustrate a vital aspect of the invention. Photographs are accepted in lieu of drawings when they are the best method of showing the invention, such as those which pertain to biological or microscopic features.

4. Get a receipt. Provisional patent applications cannot be submitted online, but they must be sent through the mail. To receive a receipt from the USPTO, include a self-addressed, stamped postcard with the application number, the confirmation number, the filing date of the application, the title of the invention, the name of the inventor or inventors, and a list of all submitted documents and page lengths. If there are any discrepancies between the postcard and the documents received by the USPTO, it will be recorded on the postcard and returned.
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Tips & Warnings

• A provisional patent provides the same protection as a full patent, but for a much more limited time. Inventors often use the provisional patent protection to make their invention public and get feedback with a reduced risk of losing their ownership privileges.
• The granting of a provisional patent is not a guarantee of a full patent. The patent process is separate from the provisional patent process.

Resources

• Provisional Application for Patent
• A Guide to Filing A Non-Provisional Patent Application
• How to File a Patent: Provisional Patent Application
• Filing For a Provisional Patent Application
• Provisional Patent

Who Can Help Sponsored

• How to Patent Your Idea Online - LegalZoom

[tonechow]

on 8/14/2009 There are numerous factual errors with this article. Provisional patent applications can be submitted online. A professional can do this accurately and quickly. More importantly, a provisional patent does NOT provide the same protection as a full patent. A provisional patent holds a "filing date" or "priority date" for a future full patent.