Filing a provisional patent application is the simplest part of the process for inventors, but it still requires research and knowledge to do it right. Many inventors can complete their own application without the help of an attorney, as they don't have to draft a claim. The USPTO offers two options when filing an application: a full regular patent application (RPA) or a provisional patent application (PPA). Thomas Jefferson and many other inventors in the past two centuries have filed their own patent applications, so it is possible to do it yourself.
The Patent Office was designed to be accessible and useful to every inventor, especially when it comes to interim applications. However, if you choose to skip the provisional application and go directly to the non-provisional application, you will have to raise money, study the market and prepare your documents without any type of patent protection. EFS-Web allows patent applications, including provisional applications, to be filed securely over the Internet. It doesn't need to be completed by a professional, although you can certainly hire a patent lawyer to do it for you. If you have already drafted your patent application in its final, non-provisional form, filing it can save you an entire year before you have to file it. The applicant who files a provisional application must file the corresponding non-provisional patent application (non-provisional application) during the 12-month waiting period for the provisional application in order to benefit from the earlier filing of the provisional application.
Below is an overview of the basic steps you'll need to take before submitting a patent application in the United States.
Step 1: ResearchBefore filing your provisional patent application, you should conduct comprehensive research on your invention. This includes researching existing patents and other relevant information related to your invention. This will help you determine if your invention is novel and non-obvious.
Step 2: Draft ClaimsOnce you have conducted your research, you should draft claims that accurately describe your invention. Claims are statements that define what is unique about your invention and what makes it different from existing inventions.
It is important that these claims are written correctly as they will be used by the USPTO when evaluating your patent application.
Step 3: Prepare Your ApplicationOnce you have drafted your claims, you should prepare your provisional patent application. This includes providing detailed descriptions of your invention and drawings or diagrams if necessary. You should also include any relevant prior art references that may be relevant to your invention.
Step 4: File Your ApplicationOnce you have prepared your provisional patent application, you can file it with the USPTO. You can do this online through their web portal or use an online service to create and file a patent application on your behalf.
Step 5: Convert Your Provisional ApplicationOnce you have filed your provisional patent application, you must convert it into a non-provisional application within 12 months in order to benefit from the earlier filing date of the provisional application.
This requires legal and technical knowledge, and even small errors can significantly reduce the value of the patent. Filing a provisional patent application is not as difficult as many people think. With some research and preparation, inventors can easily complete their own applications without having to hire an attorney or pay expensive fees. However, if you are unsure about any aspect of the process or would like additional assistance, there are many resources available that can help guide you through the process.