0
The provisional patent application is designed to provide a lower-cost first patent filing in the United States. It allows patent filing without a formal patent claim, oath or declaration, or any information disclosure statement of pre-existing inventions (prior art). It also allows the term "Patent Pending" to be applied in connection with the description of the invention. By filing a provisional patent, the inventor benefits in three ways:
- The ability to patent the invention can be assessed with less cost and effort than going through the full non-provisional patent process.
- The resulting publication or patent will be given the earlier provisional application filing date.
- The twenty-year patent term is still measured from the later non-provisional application filing date.
Although the provisional application is less involved than the non-provisional application, the provisional application must adequately describe the subject matter claimed in the later-filed non-provisional application to benefit from the provisional application filing date. The specification of the invention in the application should describe the manner and process of making and using the invention, in full, clear, concise and exact terms so that any person "skilled in the art to which the invention pertains" could make and use the invention.
A provisional patent application is good for 12 months from the date it is filed. The 12-month period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional patent application during the 12-month period to benefit from the earlier filing date. By filing a provisional application first, and then filing a corresponding non-provisional application that references the provisional application within the 12-month provisional application pendency period, the term of a patent can be extended by as much as 12 months.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoA "non-provisional" patent is one filed as a national application, in the proper form (e.g., title, abstract, overview, details, claims, drawings, fees, declarations, etc), having one or more claims to an invention, along with a request that it be examined.
A provisional application has no requirement for any of these.
Wiki User
∙ 15y agoThere is no PROVISIONAL PATENT anywhere in the world, only a provisional patent application exists. The term "Provisional Patent" is misleading. Rolf
Add your answer:
Earn +20 pts
What is PPA?
Provisional Patent Application
How long to get a provisional patent approved?
There's no such thing as a provisional patent. A provisional application can be filed up to a year before your product or process is ready for a regular patent application, in order to give you an earlier filing date and allow the use of the phrase "patent pending." Provisional applications have no examination, and are therefore considerably easier and cheaper to file, giving you a year to prepare the "real thing."When a provisional application is submitted electronically, the materials are automatically entered into the system, and you will fairly quickly receive a receipt acknowledging your submission date.
Should you file your provisional patent application with the same paper work as your none provisional patent application?
No, an inventor would typically file a provisional application at some time prior to filing the non-provisional and then cite the provisional and incorporate it by reference, to obtain the benefit of the earlier filing date and all that is disclosed in the provisional. You can file any number of provisional applications then one or more non-provisional applications citing one or more of the provisionals when you're ready.
What is the difference between a non-drafted Provisional Patent Application and a fully-drafted Provisional Patent Application?
A non drafted provisional application provides the means to establish an early priotiy date. It allows filing without any formal patent claims, declaration or any information disclosure (prior art statements). Such applications enable inventor to put 'Patent Pending' on his products. If provisional application is fully drafted it allows the inventor to have a better claim over his invention in view of potential infringer. He can claim his invention in a wider manner.
How can I file a patent application online?
The website of the United States Patent and Trademark Office links to a patent application form in PDF format. The link is about half-way down the page, under "provisional application for patent..." http://www.uspto.gov/patents/resources/types/provapp.jsp
What is non patent?
A "non-provisional" patent is one filed as a national application, in the proper form (e.g., title, abstract, overview, details, claims, drawings, fees, declarations, etc), having one or more claims to an invention, along with a request that it be examined. A provisional application has no requirement for any of these.
What are the different types of utility program patents?
There are two basic types of utilty patents: the non-provisional and the provisional application. Both types of patent applications are held in confidence by the USPTO, they will not show your application to anyone. Design patents are always non-provisional applications.
How do you sell your non patented product to retail stores?
It would be smart to get a provisional patent first. They are inexpensive and can be useful for two reasons. Reason number one, they are a patent an will protect your idea. Reason number two, it is much faster to acquire a provisional patent than it is to apply for a registered patent.
What is more profitable - selling a Patent Pending Application or selling the granted Patent?
Well... This would depend on the product, the potential market, the purchaser, the extent of rights sold, and many other factors, of course. One key element, though, would be if it later turned out that the patent wasn't granted. Then, it would surely be more profitable to have sold the property when the patent was still pending. There is no "direct" answer to this. Consider the two CalTech grad students who thought it would be cool to take photos of all the apartments and houses in their neighborhood, link them to GPS data and be able to do what Google calls "Street View" The cool thing for them is they got a provisional for their version of "Street View" and that provisional patent application, that cost them $110, is worth ZILLIONS and they did not even get a patent on it. To learn more cool stuff Google and Youtube Provisional Patent Video COurse and see all the stuff that comes up
What does the abbreviation PPA stand for?
There are a few things that the abbreviation PPA could stand for. They include Professional Photographers Association, Provisional Patent Application, but the most popular is probably Particpatory Poverty Assessment.
Does the government provide money grants for patent application work done by a patent lawer?
Does the government proviide money grants for patent application work done by patent lawyers
How can one get a patent for cool inventions?
If you want to get a patent for your cool invention, you need to file a design, utility or plant patent application to the government. You can also file this application electronically.
