How to Make a Provisional Patent Application

Your invention can be protected by a provisional patent for a year before submitting the final patent application.

Getting all the information required to put a full patent on your invention may take time and in that time it is possible that somebody else would file one before you got the opportunity to. As a solution to this problem, the United States Patent and Trademark Office has given inventors the option of filing a provisional application for a patent. These provisional applications are good for a year. If you submit a full patent within a year, the date you submitted the provisional application is taken as the patent's date.

Instructions

1. Write a full description of your invention. Describe what the invention does, and how it is made and used. A person skilled in the specific field that your invention pertains to should be able to make one based on the description. The key difference between a provisional and a standard patent application is that in a provisional application you do not have to make a declaration or oath regarding the invention. You are establishing a date for the future patent to begin from.

2. Add any drawings necessary to understand the invention. Many provisional patent applications are denied because there is not enough information provided to support them. Include in your application any diagrams or drawings that will provide a clearer understanding of your invention. All information provided must match the information provided in the official patent application that you will be filing.

3. Visit the United States Patent and Trademark Office website and view the cover sheet for provisional applications. This is the official form that holds you application together. At the top of the form, list all the names of the inventors who worked on this project. You will also need their addresses.

4. Enter the title of your invention in the space located directly underneath the table for the names of the inventors. The title can be up to 500 characters. The remainder of the form regards attached documents and the desired address for any correspondence. The purpose of filing a provisional patent is to get a "Patent Pending" label on your invention. If you're an individual or a "small entity," as it is described on the form, there is a $110 fee for filing the application as of November 2010.

5. Enclose all the relevant documents and fees, and send the completed form to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

References

• Bitlaw: Provisional Patent Application
• United States Patent and Trademark Office: Provisional Application for Patent
• More Business: How to File a Patent: Provisional Patent Application
• Bitlaw: 35 USC 112 Specification

Resources

• United States Patent and Trademark Office: Provisional Application for Patent Cover Sheet