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Besides formal patent applications, start-ups can also apply for provisional patent applications. Find out what it takes to have a pending patent for your invention.
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Provisional Patent Application (PPA)
How different is it from formal application?
4
Overview
• Types of patent application
• Differences between formal and provisional patent applications
• Advantages of PPA
• Limitations of PPA
• How to apply for PPA?
So what kind of Patent Application is suitable for your start-up?
Provisional Patent
• Informal patent as it is not examined• Without claims, oath, or any information
disclosure statementWhat?What?
• A protection to avoid other people from stealing your ideas or invention when your patent is not entirely completed
• Can apply for this for the formal patent to establish an earlier effective filing date
Why?Why?
• Has to apply for a formal patent within one year of its filing date How?How?
Formal vs Provisional Patents
Formal• Most direct and hence, the
shortest route to patent
• Good for inventions with short half-life such as electronics and software
• Good for inventions that are already or about to be launched in the market
• Any additions to the invention has to be re-filed
A later priority date to cover any new improvement
Provisional (PPA)• Lower costs than applying for
formal patent
• Good for inventions that are not fully developed
• Good for keeping invention a secret as long as possible (i.e. for another year)
• Good for adding one year to your patent life
(i.e. from 20 to 21 years)
Advantages of Provisional Patent
• Preserve priority date
• Quick and inexpensive way to obtain a filing date right after the invention is conceived
• One year delay allows the inventor/s to fully develop the invention before filing for a patent for the full invention
• One more year of patent protection
• Patent pending status is granted during the provisional patent protection
• Multiple provisional patents can be filed and consolidated into one provisional patent
Advantages of Provisional Patent
• Increased total cost in patent application
• Invention has to be disclosed
(but will be kept confidential from public)
• Potential loss of trade secrets
• If inventor misses the 1 year deadline of filing for the formal patent, then the invention can no longer be patented.
Limitations of Provisional Patent
How to apply for PPA
• Cannot be filed online under USPTO
• Fill in the following provided by USPTO– provisional cover sheet and
– fee transmittal form
• Have to be written and completed by – you or
– a professional patent agent.
Writing your Provisional application
• Claims not required
(but advised to include broad claims)
• Description + Drawings
• Should be clear and concise to be understood by skilled personnel in the field of invention
• Should not anything that you want to include as trade secret
About IP guide for Start-ups
Visit www.facebook.com/patsnap for your weekly dose of Intellectual Property guide for early ventures, written byPatSnap’s PaTENt minutes’ team.
Rev up your IP knowledge in just 10 minutes. Each Patent 10 minutes guide consists of 10 slides.
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