How to Reference a Provisional Patent

A provisional patent is a short-term patent that acknowledges you are working on a patentable idea. Although not officially a patent in itself, a provisional patent can be used to document the invention process, and to protect an idea for up to 12 months while the inventor completes the invention to the degree that a full patent can be applied for. Referencing a provisional patent on research papers and other documents is also good for letting both supporters and adversaries know that your project is being taken seriously.

Instructions

    • 1

      Prepare a detailed description of the item the provisional patent is being filed on. You will need to have an accurate written description and, if applicable, any available technical schematics or drawings.

    • 2

      Prepare a cover page that lists all of the items required by the U.S. Patent and Trademark Office. Your cover sheet should include the name and residence of each inventor, the title or name of the invention, the name and registration number of any attorney representing the project, and the corresponding address where official documents are to be sent. If any government agencies have a material interest in the patent, they should also be identified on the cover page.

    • 3

      Complete the Application for a Provisional Patent. The application form can be obtained online from the U.S. Patent and Trademark Office website.

    • 4

      Package the application together with the cover sheet and the written description of the invention. You will also need to include a check for the filing fee, which is $110 at the time of writing. The items should be mailed to:

      United States Patent and Trademark Office

      P.O. Box 1450

      Alexandria, VA 22313-1450

    • 5

      Wait for your paperwork to arrive from the Patent and Trademark Office. Provisional patents are granted automatically, as long as no previous provisional patent was granted for the same item. Your registration paperwork will give your invention legal protection for 12 months from the date it arrives.

    • 6

      Revise all of your legal documents and other paperwork. Anywhere the name of your invention is mentioned, put a reference to a footnote. The footnote simply needs to read "U.S. Patent Pending." If you wish to also list your registration number in parenthesis, that is OK, but it is not a legal requirement.

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