A provisional patent is a very useful step in your design and invention process. It can help you protect yourself from anyone stealing your idea and it can help when trying to market your design.
What is a provisional patent?
It’s a temporary patent that you can file with the US Patent Office before you’re ready to file a “real” patent (actually called a non-provisional patent).
Why do I need one?
Owning the provisional patent on your invention can help protect your design before it’s 100% ready. Because this particular patent is provisional you can update the information of your completed design when it’s time to file your non-provisional patent.
This is helpful because if you want to start marketing your prototype, or raising funds for a production run through Kickstarter, you can legally claim “patent pending” to discourage others from stealing your idea.
I say legally because if you put “patent pending” on something before the patent is actually pending, you can get fined up to $500 per offence…and each individual item counts as its own offence. The fine can quickly rise to tens of thousands of dollars if you make this mistake. It is an easy mistake to avoid though: just file your application!
It’s also important because America runs on a “first to file” patent system. Whoever is the first person to submit a patent application gets it. If you file on Monday and a competitor files on Tuesday, you win the exclusive rights to produce your invention. Filing a provisional patent gives you an extra year of protection for your design.
What information do I need to file?
You can read more about this on the USPTO’s provisional patent page or talk to a lawyer to get all of the information you need, but here’s a quick rundown:
- The names and addresses of all inventors connected to the project
- The title of your invention
- Information about any governmental agencies that might have a property interest in your invention
You should also include drawings of your project. It isn’t required, but it’s definitely recommended.
If it’s temporary, how long does it last?
Twelve months.
So from the date of filing, you have exactly one year to get your non-provisional patent filed or you lose your benefits.
Since you only have a year to get your design finalized for your patent application, don’t apply too early for the provisional one. A popular time to file is the day of (or just before) you “go public”—launching on Kickstarter, for instance.
How do I get one?
Check out the USPTO’s provisional patent page and/or talk to a patent lawyer.
