How to Get a Temporary Patent

Protect Your Invention.

To get a temporary patent, submit an application to the U.S. Patent Office (USPTO). It is referred to as a provisional patent. If your invention has not been shown to others, is unique and is not obvious to people familiar with the invention's field of use, the provisional patent application will protect your ownership for 12 months from the postmark date.

Things You'll Need

• Written description of the invention, including drawings
• Names and addresses of all inventors
• Title of the invention
• Address you want the USPTO to send correspondence to
• Form PTO/SB/16 Provisional Application for Patent Cover Sheet from the USPTO website
• Form PTO/SB/14 Application Data Sheet from the USPTO website
• Check or money order or USPTO Form 2038 if you will be charging a credit card
• Large flat envelope

Instructions

Submit an Application

1. Go the USPTO's website to access Forms PTO/SB/14 and PTO/SB/16 and Form 2038 (if you are using a credit card to pay the fee). Fill in the forms using the information you gathered.

2. Print the forms and sign them.

3. If you are not using Form 2038, write out a check or money order to: Director, United States Patent Office. Since you are an individual, you can file as a small entity. The fee for filing as a small entity is $110 (as of June 2010).

4. Put the documents in the following order:

   Form 2038 if you are using it, the check or money order

   Form PTO/SB/16

   Form PTO/SB/14

   Do not staple or bind them together.

   Put them in the envelope.

5. Put the proper postage on the envelope. Do not guess on the amount it needs. If necessary, take the envelope to the post office to get the right amount of postage. Write your return address on it.

   Send the envelope to:

   Commissioner for Patents

   P. O. Box 1450

   Alexandria, VA 22313-1450

Tips & Warnings

• If there is an attorney involved, you will need to put their name and registration number on the forms.

• USPTO accepts cover sheets you create yourself, as long as all the information on PTO/SB/16 is on it.

• You will receive a Filing Receipt, which will give your invention's filing date and provisional patent application number. The filing date is the date your patent protection begins. Keep this document.

• Follow these instructions exactly. The USPTO's requirements are not flexible.

• The forms say you can submit them electronically, but this can only be done by a USPTO-registered agent. Becoming an agent requires an extensive education and passage of an exam.

• If you want to protect this invention after the 12 months, start working on the regular patent application now. This process is much longer, and if you want to continue protection you will need to file it before the 12-month expiration date.

References

• USPTO Provisional Application Cover Page
• Nolo Provisional Patents
• USPTO Provisional Information

Resources

• USPTO Current Fees
• USPTO Contact Center Customer Service