When trying to protect an invention or process, seeking a provisional patent is an important step. A provisional patent application is a great way to protect your ideas while giving you up to 12 months to have your non-provisional application ready. It can also simplify the process of getting a patent as the provisional application does not have to meet the rigorous patenting requirements. Knowing how to get started with provisional patent in your state of New York can help you protect your innovation and save time in the long-term.

A provisional patent application is an effective and inexpensive way to protect an idea. This type of application is more accurate and accepted in the US since 2013 when they became available. If you are the inventor of a new invention, process, or machine, a provisional patent can give you the legal protection needed to launch a product in the market. A provisional application provides a priority date for a patent. The priority date establishes the inventor’s ownership of the invention and can be a key factor in securing a patent.

It is important to begin the provisional patent process as soon as possible. To get started, first, you need to conduct a patent search to make sure that a similar invention has not already been patented. There are search operators such as the USPTO (United States Patent and Trademark Office) and Google Patents that can help you with this step. Once you’ve verified that no other product exists, the next step is to create a detailed document outlining the invention and process. This document must be clear and depends on the type of invention you are patenting. Based on the invention’s complexity, the document might include drawings, diagrams or descriptions.

The next step is to file the application. With the provisional application, it has fewer requirements but still needs certain information to be added including the name and contact information of the inventor, a name for the invention, a detailed description of the invention, and drawings illustrating the invention. This application provides you with 12 months from the filing date to file a non-provisional patent application. Once the patent application is submitted, your priority date is established and the invention is protected for one year.

Once you’ve completed filing procedure, you can start the next process: the preparation of the non-provisional patent application. This process typically requires retaining a patent attorney to help you through the legalities. It is important to choose a patent attorney who is local and experienced in patent law. Working with such a lawyer can provide you with the insight you need to effectively develop a patent that is in accordance with local regulation.

Finding a qualified lawyer in New York for provisional patent can be easy and with UpCounsel you have access to experienced attorneys ready to provide help. Connecting with lawyers at UpCounsel can help you ensure you have the most up-to-date documents and resources for filing and preparing the non-provisional patent application. Knowing how to get started with a provisional patent can help you effectively protect your invention and save time in the long run.


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