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How to Protect Your Idea with a Provisional Patent Application

If you've come up with a great invention, you may want to protect it by filing a Provisional Patent Application with the United States Patent and Trademark Office. It costs under $300 to file, and can be prepared without the help of a patent attorney. A Provisional Patent Application buys the inventor time to figure out how to capitalize on his idea and secures a priority filing date should he ever need to prove ownership rights to the idea.

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    Difficulty:
    Moderately Easy

    Instructions

    Things You'll Need

    • Invention
    • Provisional Patent Application
    • $220 to Pay the Filing Fee
      • 1

        Visit the USPTO website and print the Provisional Application for Patent Cover Sheet. The following information must be included with the PPA, in order for a filing date to be recorded, thus it's advisable to use the form provided by the USPTO: the name(s) of all inventors, inventor residence(s), the title of the invention and a correspondence address.

      • 2

        Draft a detailed description and drawings, which will explain and illustrate your invention. A formal patent claim, oath or declaration or any information disclosure statement are not required components of a PPA.

      • 3

        Prepare the fee for filing a Provisional Patent Application, which is $220 for large entity and $110 for small entity. If the description exceeds 100 sheets, a fee of $50 is required for each additional 50 sheets. Consult the USPTO Fee Schedule to confirm the required fees.

      • 4

        Combine all the documents -- cover sheet, description, drawings and applicable fee -- and mail to the USPTO at:

        Commissioner for Patents
        P. O. Box 1450
        Alexandria, VA 22313-1450

    Tips & Warnings

    • A Provisional Patent Application provides protection for 12 months and provides authorization to use the "Patent Pending" notice in connection with the invention. Before the year is up, a Non-Provisional Patent Application must be filed with the USPTO. At this stage, it is advisable to consult with a patent attorney and have the application professionally drafted, filed and prosecuted.

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