Patenting a legal process by which an inventor of a novel technology can protect the exclusive rights to that innovation. Every invention has a unique set of challenges at any given phase with regard to protecting its intellectual property. Understanding these changes and taking the necessary steps to protect the invention can make all the difference in its success. Increasingly in the tech industry, businesses are looking to temporary measures to safeguard a product, such as a provisional patent application.

A provisional patent application is a way of filing a patent and declaring it to be officially owned by the inventor. It’s generally considered an easier, quicker, and cheaper step compared with a full-fledged patent. Provisional patent applications have become very popular due to the potential savings in time and cost. However, it is important to understand the complicated regulations that apply in order to gain full protection of your patent. In this article, we will explore the details of provisional patent applications in New York, including what is required to gain full protection, what the differences are compared to a full patent, and how to make sure that a provisional patent application is done correctly.

What is a Provisional Patent Application?

A provisional patent application gives inventors one year of protection from competitors filing a patent of the same invention. It is a way of reserving the right to patent an invention, and is sometimes considered an initial step before the filing of a non-provisional patent application. When inventors file a provisional patent application, they are required to provide a detailed description of their invention. But unlike a full patent application, they don't have to disclose the “how” of the invention, just the “what.” They also don't have to include drawings, claims, or use the PCT priority system.

What is the Difference Between a Provisional Patent and a Non-provisional Patent?

A non-provisional patent is much more complex than a provisional patent. In order to receive a non-provisional patent, inventors must advertise their invention in sufficient detail that a person with ordinary skill can understand and replicate it. This is unlike a provisional patent, whose requirements are much less stringent.

A full patent requires additional details such as illustrations, drawings, as well as legalities in the form of claims and statements. Not only must inventors fully explain the nature of the invention, but they must also explain how it works. However, since a provisional patent does not face the same barriers, it is considered much quicker and cheaper.

Copyright Vs. Patent

Before going into the details of provisional patents, it is important to understand the differences between copyright and patent. Copyright protection is a form of intellectual and creative asset protection. It prevents the unauthorized use of works of authorship like text, artwork, music, and movies. It also gives authors the power to reproduce, adapt, distribute, and perform their works. On the other hand, a patent protects the ideas and inventions of inventors. It gives the inventor the exclusive right to the invention for a period of time.

What is Required to Receive Provisional Patent Protection in New York?

In order to receive provisional patent protection in New York, there are several key steps that must be completed. First and foremost, inventors must make sure that their invention is eligible for protection under the United States Patent and Trademark Office (USPTO). Next, they must conduct a thorough patent search to make sure that the invention isn’t already patented. Finally, inventors must make sure to file a complete and detailed provisional patent application.

In New York, this process is slightly more complex than other states. There is a state-based patent system in New York that is distinct from the federal system. In order to receive full protection under the state system, inventors must file both a federal and a New York provisional patent application.

Find Highly Qualified Legal Counsel for Provisional Patent Applications

Finding legal counsel with knowledge of provisional patent applications in New York can be tricky. In order to get the most complete and effective protection, it is critical to engage an attorney that is experienced and knowledgeable in local New York patent regulations. Fortunately, businesses in New York have access to UpCounsel’s network of experienced patent attorneys. The UpCounsel attorney network has served thousands of companies from small businesses to Fortune 1000 companies and can provide advice and support throughout the entire patenting process.

Topics:

Provisional Patent,

New York,

Patent