A provisional patent application is one of the smartest tools an inventor can use to start the protection process of his/her invention. Experienced inventors know that it is wise to focus their efforts--and spend their money--on qualifying the marketing of their creations (instead of speculating on filing permanent patent application). Provisional patent applications allow an inventor to do exactly that--to spend his/her money on to qualify marketing. After all, that's where your money is going to be made.
Most inventors who have done a thorough patent search can write their own provisional patent application by modeling after one of the recent patents in the search. Once written, the inventor then has the option of submitting it to a patent attorney or agent for his/her review and editing. Writing your own provisional patent applications also helps you learn more about your invention and about patenting in general.
Before the end of one year the permanent patent application will be filed referencing the provisional application. Want to compare a provisional application vs. the permanent application?
During development we know that inventions tend to go through a metamorphosis. Thus, if new inventive matter is discovered, you can file additional provisional applications instead of costly permanent applications. It is not uncommon to file two or three provisional applications and then file a single permanent patent application referencing the three provisional applications. Obviously the money and time savings in doing it this way is substantial...thousands of dollars and literally hours and days of your valuable time. Time you should be spending on product development!
It is also not uncommon to completely design around your invention during development. When you get those all-important manufacturing and marketing partners in place, you may learn that the original process of manufacturing was too costly or simply not feasible. For example, your marketing expert may give you input saying that in order to sell well, it must be easier to assemble or use. Thus, if you have to abandon a prior provisional application, you'll only be out $80. In such a design around situation, you will want to file new provisional applications as you go.
It is not quite as simple as it may sound. But it's not difficult either. If you follow the guidelines in From Patent to Profit and model your application after an existing patent, you can do it. There are no copyright laws on issued US Patents. Make the description of your invention in your provisional patent applications as broad as possible. You'll want your permanent patent application to "read right on" the provisional application as much as possible.
There is an excellent tool you can use to help you draft a provisional patent application fast and accurate...the PatentWizard software developed by patent attorney, Michael Neustel. Michael developed this software specifically for independent inventors and small companies, whether or not they have experience in drafting patent applications. It can save hundreds, at times thousands of dollars! PatentWizard can be purchased in our bookstore at the discounted price of $199. Use it and you'll be "patent pending" before the week is out! You'll be amazed at how simple it is to use. Want to read some comments from some users?
You should always consult an attorney if you are not sure of the thoroughness of the content of your patent application. Worse case scenario...if you simply cannot afford to hire an attorney to review and edit your application, then file it yourself anyway. Most attorneys and inventors agree, some [potential] protection is better than none at all. PatentWizard attorney, Michael Neustel provides an inexpensive review service for those using the PatentWizard software.
The legal claims are what defines the inventive matter in a patent application. Once issued, it is what will determine the scope of the invention and at times, whether or not it is being infringed. Again, provisional applications do not require the written legal claims. You can include one or more if you wish, but what may be preferred is to make a claim statement. In other words, make a list of the various aspects you will be claiming in simple layperson terms. Make them as broad as you can.
Last, if you cannot afford the book From Patent to Profit, check it out at your local library. Most have the book in stock. Also, you will find it in every US Patent and Trademark Depository Library in the US. Locate one near you.
Still unsure? Ask an expert online at Innovation Insight.
Provisional"
Application vs. "Formal" Application
Individuals desiring to "self-draft" a patent application should only
do so with a provisional application. Preparing a "formal" patent
application (FPA) is more complex, more
expensive and requires legal claims, which a "provisional patent
application (PPA) does not. Experienced patent attorneys like Michael
Neutel, agree that a Provisional patent applications are an excellent
"starting block" for first time self-drafters and a valuable tool for
experienced inventors as well. If you would like to receive information
about patent applications directly from the United States Patent & Trademark
Office (USPTO), you can view the USPTO
PPA Brochure and the USPTO
FPA Guide.
Amount of USPTO filing fee:$80
"formal" patent application (FPA):$370