What is a patent application and what intellectual property is patentable? This cannot be answered easily, since filing patents can cover a lot of things. Patent applications could be for an invention patent, utility patent, file patent, design patent, process patent, or plant patent. or even a file patent. While quick patent research online could indeed give definitions of patent protection and patent expiration, it cannot comprehensively give all the necessary aspects of patent law and the application process followed by the US patent office. Similarly, unless you consult with an experienced patent lawyer, it can be hard to know when a provisional application is more ideal than a non-provisional application.
Below are basic dos and don’ts you must keep in mind when planning to get a patent through a provisional patent application:
Do take into account how much time you have.
As would be explained by any registered patent agent you will talk to, an individual who decides to disclose his or her invention will have one full year (after public disclosure) to apply for a patent. This refers to a nonprovisional application.
Getting a patent can take time. If you foresee that you will not have enough time to go through such a patent application process, you may proceed to the United States Patent and Trademark Office (USPTO) and instead have a provisional patent applied.
Don’t proceed with filing a patent before taking into account costs and market considerations.
Filing a patent application can be costly. However, a reliable patent attorney can help you correctly apply for the comparably cheaper provisional patent with the USPTO.
An inventor will likely proceed with a patent application to monopolize the market and make money with the invention he or she disclosed. A provisional application will enable you to get a filing date with lower costs and will buy you time to first test your market before you push through with a nonprovisional application.
Do consider possible changes in your work
If your work is still in the final stages of development but you want coverage, a provisional application is likely the best choice. If you filed a patent application (nonprovisional) for a prototype that was changed drastically and that differs significantly from the original, USPTO will likely ask you to file a new application and start over.
A provisional application could allow you to disclose the various potential iterations of the prototype. This can give you a certain degree of flexibility in terms of product development and a chance to save on time and expenses.
Don’t overlook the need for patent lawyers from a law firm specializing in intellectual property rights
The filing system for patent registration, relevant patent fees, and obtaining a patent (whether provisional or otherwise) can be stressful. Consulting with a registered patent attorney will make it easier for you to know how to file an invention disclosure form, file a patent application, and obtain a patent.
Intellectual property, which includes provisional and non-provisional patent filing, the patent process, and relevant patent rights, is a subject matter that must be taken seriously. You may not be aware of how important patent laws, patenting, copyright, and trademarks could be for you.
Protect your inventions. Do not delay applying for a patent. Get a registered patent attorney for patent information and to make sure that your patent application will go smoothly. Contact us at War IP Law for a free consultation.