Should You File a Provisional Patent Application? If You Don’t Want To Lose Your Invention – Absolutely!!

Feb 25, 2022

A provisional patent application is not examined for patentability by the USPTO and can never become a patent. Provisional patent applications expire one year after filing. Over the course of that year, you can state that your invention is patent pending. It is critical to prepare and file a non-provisional patent application before your provisional patent application expires. If you fail to do so, you can lose all of your patent rights.

Some of the Situations You Can Address While Your Provisional Patent Application is Pending

You Need More Time. Think of a provisional patent as a sort of extension to file a utility patent. Maybe you have a terrific invention that you’re still perfecting, and you’re afraid that someone else will capitalize on the idea before you get a chance. A provisional patent gives you time to further develop your invention.

You Are Saving For Your Non-Provisional Patent Application Yet. Running a business or bringing an invention to life can be expensive, and patent applications are no exception. A provisional patent application provides additional time for you to save for a Non-provisional patent application. In the meantime, you know that your date of invention has been established.

You Are About to Disclose Your Invention. Applying for foreign patents is not possible if you have already disclosed your invention prior to filing. Filing a provisional patent application allows you to disclose your invention without losing foreign patent rights – provided that you file a non-provisional patent application within one year.

Garcia-Zamor has over two decades of experience in patent law and we can help you protect your invention. Contact us today to get started.