Provisional patent for Ideas inventions

Q: What is a provisional patent for?

Provisional patents are only useful for obtaining a preference date before the patent registries . This is a useful method for ensuring the opportunity to have preference over other inventors who file patents during the 12-month period, which opens from your filing date, to develop the definitive patent.

Q: How long does it take for a provisional patent to be approved?

From the moment of filing of the provisional patent , the registration date is reserved. An administrative analysis is subsequently carried out, where it is reviewed that the forms and payments have been correctly completed. Afterwards, it becomes automatically active, taking the filing date as the start period of the preference.

Q: Who can see the contents of a provisional patent?

The content of the provisional patent , unlike the utility patents , is not made public. You can file a provisional patent and continue the development of the invention for 12 months, with a preferred date guarantee.

Q: Is a provisional patent the same as a Utility Model?

No. The provisional patent is a secret document that does not offer legal protection over the invention . It is only useful for reserving a preferred date. The Utility Model is used in countries like Spain, to offer an exclusive exploitation right for 10 years. The Utility Model document is a public document. Coincidentally, neither the Utility Model nor the provisional patents are technically analyzed by the official patent offices . The Utility Model does not exist in the United States, nor in most countries.

Q: What is better, a provisional patent or a utility model?

For practical purposes, from our point of view, the provisional patent is much more useful than the Utility Model. The provisional patent allows the innovation cycle to continue after reserving a priority date to subsequently patent the invention. The Utility Model, on the other hand, is often used for the same purpose, but it is a public document that allows others to be inspired by the innovation, transform it and infringe it more easily.

Steps to file a provisional patent. Advantages and disadvantages of this method to protect ideas and inventions.

Let's talk about your invention

Book Appointment
Inventor's Guide

Get your Guide now
Click here and we will analyze your case

🇺🇸+1 786 813 4047 - 🇪🇸+34 619687023

Provisional patent: concept and purpose.

The provisional patent is a descriptive document of an invention in its development stage. It is a non-public document that, as its main advantage, allows inventors to secure an early filing date, giving them up to 12 months from submission to file a complete patent for examination.

When is it advisable to file a provisional patent?

A provisional patent is advisable in cases where inventors need to share sensitive information about an invention to attract investors, conduct market testing, or coordinate development work with product engineering companies with whom they do not have a close and trusted relationship.

Cost of filing a provisional patent in the United States

Both provisional patents and utility patents in the USA are filed with the same organization, the USPTO.

According to the official USPTO fees for filing a provisional patent, applicants can choose from 3 patent fee categories depending on the extent of the invention’s description. The official costs for provisional patents are: Micro entity: $65, Small entity: $130, and the standard provisional filing fee: $325.

To calculate the cost of a provisional patent, if you are working with a patent agent or patent attorney, you must add to the official provisional patent fees the cost of professional drafting, which can range from $1,000 to $3,000. These prices may vary depending on the length and complexity of the invention.

Requirements for a provisional patent. Key content.

Identifying information of the provisional patent:

Title of the invention
Name of the inventors
Official address of the inventors
Address of the inventors for notification purposes
Request for provisional patent treatment

Invention details for the provisional patent

Brief definition of the invention and the improvements it offers
Explanation of the invention’s operating methods
Explanation of how the invention is manufactured, including its possible variations (highly recommended)

Since this is a provisional patent for an invention, it is highly recommended to include as many variations as possible. These explanations will help reduce friction when it comes time to file the utility patent.

Provisional patent: common pitfalls to avoid

Many inventors choose to file a provisional patent in the United States when they have an idea for an invention. Poorly developed ideas from an engineering standpoint, when there is still no clear definition of the technical feasibility of the invention, should not be filed as a provisional patent. A provisional patent is not a method for patenting ideas; it is a useful procedure to reserve a priority date when there are still details to define in the innovation process.

You should not file a provisional patent if:

You only have the idea and haven’t dedicated enough time and resources to define the feasibility of the invention.
You do not have a clear intention to file a full patent application within the 12-month period.
You need immediate international protection for your invention.
You need to initiate a legal claim process for infringement of your invention.

Who can file a provisional patent in the USA?

The inventor: The inventor, without the help of experts, patent advisors, or patent attorneys, can also prepare the forms and file a provisional patent application with the USPTO.

Patent agents: To file a provisional patent for an invention, you may also rely on the professional services of a patent agent. These professionals cannot represent you in future claims or patent litigation, but they can represent you in the provisional filing process before the USPTO.

Patent attorney: Patent attorneys can help you draft and file a provisional patent. In addition, they can support you throughout the entire process and even represent you in future legal issues or claims.

Provisional Patent vs. Utility Patent: Key Differences

The provisional patent is a temporary procedure, whereas the utility patent provides formal, long-term protection.

Provisional patents do not grant legal rights over the invention beyond the filing date. Invention patents or utility patents provide protection and exclusivity to the inventor.

In provisional patents, it is not required to include a statement of innovation claims, whereas utility patents must, by law, describe the claims or innovative aspects being protected.

Provisional patents are only valid for 12 months and automatically expire once this period ends. Innovation patents offer inventors exclusivity for up to 20 years.

In temporary patents or provisional patents, only the inventors can be named as owners of the invention. In utility patents, a company can be designated as the owner of the invention.

Provisional patents do not have international effects, while Utility patents can be examined in as many countries as the invention requires to be formally protected by means of abbreviated procedures (PCT) or complex procedures.

Information on provisional patents

Who studies the viability of a provisional patent?

Provisional patents are not subject to any technical or background study by the USPTO. Therefore, there is no proven technical rigor or requirement in the approval of the provisional patent.

What is a provisional patent for?

Provisional patents are only useful for obtaining a preference date before the patent registries. This is a useful method for ensuring the opportunity to have preference over other inventors who file patents during the 12-month period, which opens from your filing date, to develop the definitive patent.

How long does it take for a provisional patent to be approved?

From the moment of filing of the provisional patent, the registration date is reserved. An administrative analysis is subsequently carried out, where it is reviewed that the forms and payments have been correctly completed. Afterwards, it becomes automatically active, taking the filing date as the start period of the preference.

Who can see the contents of a provisional patent?

The content of the provisional patent, unlike the utility patents, is not made public. You can file a provisional patent and continue the development of the invention for 12 months, with a preferred date guarantee.

In which countries can I register a provisional patent?

Provisional patents are instruments for the legal protection of inventions, widely used in the United States. The patent offices of Australia and India also offer utility patent options.

Is a provisional patent the same as a Utility Model?

No. The provisional patent is a secret document that does not offer legal protection over the invention. It is only useful for reserving a preferred date. The Utility Model is used in countries like Spain, to offer an exclusive exploitation right for 10 years. The Utility Model document is a public document. Coincidentally, neither the Utility Model nor the provisional patentsare technically analyzed by the official patent offices. The Utility Model does not exist in the United States, nor in most countries.

What is better, a provisional patent or a utility model?

For practical purposes, from our point of view, the provisional patent is much more useful than the Utility Model. The provisional patent allows the innovation cycle to continue after reserving a priority date to subsequently patent the invention. The Utility Model, on the other hand, is often used for the same purpose, but it is a public document that allows others to be inspired by the innovation, transform it and infringe it more easily.

Do you have an idea or invention and want to protect it?

We are sure we can help you.

Do you want to turn your idea into a product?

The time to bring your ideas to life is now. We accompany you throughout the entire process: from idea to product.

San Juan Ingenieros, S. L, is the owner of the domain www.letsprototype.com, and in accordance with the General Data Protection Regulation (EU 1679/2016), we will process your data exclusively to handle your information request. You have the right to rectify or request the deletion of your data at any time via hello@letsprototype.com.