File Provisional Patent Application Buy Time

Author: Carmel Irudayanathan

"Eureka!!! I've invented….." The euphoria is interrupted as the inventor is troubled by how he is going to protect it. The inventor changes his focus from research to legal - Pursuit of Invention to Pursuit of Protection. The inventor needs to protect his invention from others using it by patenting the invention. It is also important that the inventor files for patent immediately after the invention or someone else could steal their idea. But if they file soon without taking precautions, the consequences would be awful.

Patenting the invention is not the only best option available to protect an invention. Hiding the invention from the public itself could be a great option. Some innovations are better to be protected as trade secrets. The invention can be protected as long as the secret remains secret. Coca-Cola formula is one such best known trade secret; the company claims that only two employees know the trade secret and that too half the formula. Sometimes, businesses with tight budgets forego patent protection to invest in marketing the invention ahead of others. But sooner or later businesses would need to choose between trade secret protection and patent protection to yield continued success.

Other creations which cannot be classified under patent law like books and songs can be protected under Copyrights law. Copyrights protect creators of their creations (original work); protects the form of expression from being reproduced by others.

The inventor can file a provisional patent application as it is very easy and cheaper compared to the non-provisional standard patent application. For obtaining a standard patent the inventor would need to hire a Patent attorney and the costs involved are very high. Small business and individuals find it difficult to patent their inventions due to the high cost involved. With provisional patent application, the inventor can file a provisional patent for a mere $110 with no claims included. The documentation can be prepared by the inventor himself as he needs to brief the invention with necessary drawings, summary of how it works along with his contact details.

A filing date or date of invention is established as the inventor files for a provisional patent application. The application would expire in 12 months from its filing date and hence the inventor needs to file a standard patent application within that 12 months period. It provides more time for the inventor to further develop his invention, find investors and market the invention and it also helps in delaying the patent processing costs. If the inventor doesn't file the standard patent within 12 months from filing the provisional patent, the application doesn't hold good and the date of invention cannot be claimed.

The provisional patent doesn't issue any patent but the inventor can claim Patent Pending. The patent office doesn't examine the provisional applications but keeps them as records. Filing the provisional patent application doesn't help the invention from being examined quickly. It in fact it takes longer time for a provisional patent application from being examined compared to that of a standard application if filed initially.

Care should be taken while filing the provisional patent application. Inaccuracy could destroy the patent dreams. Also modifying the patent or adding something new could also create problems while filing for standard patent; might have to file a new provisional patent application.

But ensure to answer a few important questions before venturing into the sea of patenting. Is it necessary for the invention to be patented and does it hold good to be commercialized. Answers to the questions could provide an easy answer – the cost involved, the competition, the demand, the novelty of the invention and its uses. If the answers indicate a positive sign apply for a provisional patent application. On the whole, provisional patent application provides the inventor the required time to further develop the invention, explore the inventions' commercial implications and markets before being burdened by the cost involved in the elaborate standard patent process.

Article Source: http://www.articlesbase.com/patents-articles/file-provisional-patent-application-buy-time-4957801.html

About the Author

Carmel Irudayanathan is an editor for the law firm of Kunzler Needham Massey & Thorpe. Learn more about Provisional Patent at kunzlerip.com.