Provisional Patent Application

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

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