Protecting Your Invention

A little-know section of patent law allows individual inventors and small businesses to apply to the Patent Office for a provisional patent. The application is relatively easy, can be done without lawyers or professional patent companies, and the fee is about $100. The provisional patent application offers full patent protection, and allows an inventor to state "patent pending" on their product. Here's what you need to know to get a provisional patent.

Suggestions

1. Read about provisional patents at the US Patent and Trademark Office (USPTO). Although the language can be on the bureaucratic side, it's worth reading through the official explanation of the Provisional Patent application process. See Resources, below, for a direct link to the USPTO page on "Provisional Application for Patent". Read the General Information on Patents as well.
2. Apply when you're ready.
   In a nutshell, the provisional patent application can be thought of as a patent for a trial period or a grace period of a year. During the provisional patent period, your invention has full patent protection, and you have a legal right to mark your idea, invention or product as "patent pending". The application process is not nearly as rigorous or demanding as a full patent, and can generally be handled by an individual inventor or business without professional patent agents, preparers or attorneys. The cost for filing a provisional patent for a 'small entity' -- an individual or small business -- has ranged recently from $85 - $110.

   
   
3. Use your year wisely. At the end of the one year trial period of the provisional patent, the patent protection expires UNLESS the inventor proceeds with filing for full patent protection. This is a much more involved and costly process, but the one year trial period makes it possible to market your invention and hopefully determine it's value in the marketplace, and perhaps even find commercial backers.

   
   
4. The Resource section has more information on the provisional patent process, and the protections it offers.

   
   

Tip

• Call the Inventor Assistance Center at the Patent Office to speak to an expert about the process for a Provisional Patent Application -- 800-786-9199

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