How to Get Started on a New York Provisional Patent Application
Patenting an invention is a complex process requiring the filing of formal documents with the United States Patent and Trademark Office (USPTO)3 min read
Patenting an invention is a complex process requiring the filing of formal documents with the United States Patent and Trademark Office (USPTO). In general, it requires detailed descriptions and drawings of the invention, as well as disclosure of. A patent lawyer also needs to be consulted to ensure the filing is done correctly. In New York, filing a provisional patent application is an important first step in the patent process.
Provisional patent applications are normally the best choice for inventors who have an idea but are not completely sure if it can be patented. These applications are used to establish an early priority date with the USPTO, a critical step since the inventor’s rights in the invention are based on whoever has the earliest priority date. The provisional patent application gives the inventor the same protection as a non-provisional application for a full one-year period, providing the inventor with the ability to publicly disclose the invention during that time, while giving the inventor time to further refine the invention, conduct market research and further assess the business viability of the invention.
The provisional patent application is a relatively simple document which focuses on describing the invention with enough detail for a person who is familiar with the field to understand the invention and how it works. The provisional application does not need to cite any prior art, nor does it need to be supported by any claims, as required in a regular patent application. Further, it does not need to stuck to the formal document requirements of a non-provisional application. While a well-drafted provisional patent application is beneficial, it is not absolutely necessary prior to a new filing.
In New York, filing a provisional patent application is relatively inexpensive and simple. The invention must be detailed in a written description, with sufficient detail to enable someone familiar with the field to understand it. This may include drawings or photographs although this is not a formal requirement. Further, an inventors’ oath or declaration should also be included, describing the inventor’s relationship to the invention and their right to file the application. Finally, the filing fee for a provisional patent application is relatively low compared to filing a regular, non-provisional application.
For those in New York who are considering filing a provisional patent application, it is important to consult with an experienced patent lawyer to ensure that the details of the application are filed correctly and completely. At UpCounsel, our network of attorneys is experienced in patent law and can help inventors with the complexity of filing a provisional patent application in New York.
Before making the decision to file a provisional patent application, inventors should also understand that it has some disadvantages compared to a non-provisional patent application. For instance, a provisional application does not get officially examined by the USPTO, which means that it does not result in a patent unless it is followed by a non-provisional application. Further, the priority date established by a provisional application will not be honored if the provisional application contains information that is not present in the non-provisional application or if the non-provisional application claims an invention that was not adequately described in the provisional application.
Despite these drawbacks, provisional patent applications in New York can be a great way for inventors to protect their inventions and allow them to continue work on the invention without worrying about potential infringement. With the help of an experienced patent lawyer, a provisional patent application can be drafted relatively quickly and with minimal expense. In the long run, filing a provisional application is a great way to get started on the patenting process.