Why provisional patent applications are a good ideaOne reason I like to suggest starting with a provisional patent application as a way to initiate the patent process is because they are cheaper to prepare (because there are no formal requirements) and the filing fee due to the United States Patent Office at the time of filing is only $130 for small entities (i.e., individuals, universities and companies with 500 or fewer employees), which saves you several hundreds of dollars compared to the filing fees for a non-provisional patent application. Indeed, the filing fee is even less — just $65 — if you qualify as a micro entity. See USPTO Implements Micro Entity Discount. Regardless of the filing fee to be paid to the USPTO, provisional patent applications cost less to prepare from an attorney fee perspective because there are no formal requirements, which means we can focus on disclosing the invention in its full detail while still preparing an exceptionally detailed application that costs a fraction of the cost of a nonprovisional patent application (i.e., regular patent application). Many patent attorneys and patent agents will question whether you can really prepare a provisional patent application while spending less time than preparing a nonprovisional patent application. I am here to tell you that it is not only possible but we do it all the time and so do many other attorneys. Describe whatever you can, file a provisional patent application and work toward perfecting the invention and seeing if there is a market. That is how provisional patent applications are best and why they are a valuable tool for those with a limited budget, which at the end of the day is everyone in the patent space. No one has enough money to protect everything they invent, not even mega-giant tech companies. So you take responsible steps forward to secure rights once you reach the point where you have something patentable.Patents do not always need to be expensive, at least not at the time you chose to file an application. Since 1995 the U.S. Patent Office has allowed for the filing of provisional patent applications. A provisional patent application is much less expensive to file because there are no required formalitites that need to be observed, other than including at least one drawing of some kind (although you should have many more) and including a cover sheet, which is a form that the USPTO provides on its website. Provisional patent applications currently cost $130 for most independent inventors and small businesses, half that if you qualify as a micro-entity.The benefit of a provisional patent application is that you get 12 months within which to decide whether it still makes sense to pursue a patent. If the answer is no then you are out perhaps $1,500 to $2,500 if you hired a patent attorney, or the $130 you paid the Patent Office if you created your own provisional patent application. Many times after 12 months people will realize there just wasn’t enough interest to move forward. Many times inventors will realize there is great interest and they need to move forward. The point is that you don’t have to spend a fortune to be able to get a “patent pending” and on your way to exclusive rights. And as Stephen Key always says that patent pending gives you perceived rights, which can and do allow licensing deals to happen if you have developed an interesting, worthwhile invention that has a potential market. So the moral of the story is be careful. Those who tell you that you shouldn’t file a patent application and should start the commercialization process may be bitter about their own struggles, or might have their own agenda. For more information on this and related topics please see:
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Free Wallpapers below
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