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 examinedWhat?
Without claims, oath, or any information disclosure statement A
protection to avoid other people from stealing your ideas or
invention when yourWhy? patent is not entirely completed Can apply
for this for the formal patent to establish an earlier effective
filing date Has to apply for a formal patent withinHow? one year of
its filing date
Formal vs Provisional Patents Formal Provisional (PPA) Most
direct and hence, the Lower costs than applying for shortest route
to patent formal patent Good for inventions with short Good for
inventions that are half-life such as electronics not fully
developed and software Good for keeping invention a Good for
inventions that are secret as long as possible (i.e. already or
about to be for another year) launched in the market Good for
adding one year to Any additions to the invention your patent life
has to be re-filed (i.e. from 20 to 21 years) A later priority date
to cover any new improvement
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
Advantages of Provisional Patent 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
Limitations 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.
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
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