PPA Patent: Everything You Need to Know
A provisional patent application consists of textual content and drawings that describe the best way to create and use your invention.3 min read
2. Traditional Approaches to Protecting Inventions
3. The Solution: Go With a Provisional Patent Application
4. Why Are Provisional Patent Applications Necessary?
5. A Complete Description
6. How to Prevent a Manufacturer From "Stealing" Your Invention
What Is a PPA Patent and How Does it Differ From a Regular Patent Application?
PPA patent stands for provisional patent application. The costs for a PPA are as follows:
- $65 for a micro-entity
- $130-$140 for a small entity
- $260 for a big corporation
These prices are in contrast to the thousands or tens of thousands of dollars required to do patent searches and pay patent attorneys in preparation for a full patent application. You may avoid a few of the problems in a patent application, such as the Patent Utility Application and the Data Disclosure Application (a disclosure of all of the related information associated with the originality of your invention).
Traditional Approaches to Protecting Inventions
On March 16, 2013, the U.S. adopted a first-to-file system. The system states that the first inventor to file an application (not to invent) will get the patent. Few producers will risk ripping off an invention in the event that they notice they could later be hit with a patent infringement lawsuit if the patent is finally issued.
The Solution: Go With a Provisional Patent Application
A provisional patent application consists of textual content and drawings that describe the best way to create and use your invention. It is a brief document — usually 5 to 10 pages — written in plain English, with none of the arcane language utilized in common patent purposes. If you happen to file your full patent application within one year of submitting the PPA, you may declare the PPA's official submission date to show that your invention got there earlier than other comparable developments.
Why Are Provisional Patent Applications Necessary?
A provisional patent application won't ever mature into an actual, issued patent; however, in certain circumstances (and when carried out correctly) a provisional patent application can be a very helpful tool for inventors. The patent time period was originally 17 years from the patent’s issuance but changed in 1995 to 20 years from the earliest filing date of a non-provisional utility patent application.
Whenever you invent within the U.S., you can obtain an overseas submitting license before submitting abroad, which is most simply completed by submitting a patent application within the U.S. Inventors who live outside the U.S. can file a patent application within the nation where they live, which might guarantee precedence, but not start the patent time period clock since the patent time period begins primarily based on the submitting of a U.S. non-provisional patent application, not the submitting of an overseas patent application.
Congress concurrently created a provisional patent application, which could be filed by anybody and locks in your early submission date, but an overseas application doesn't begin the patent time period clock. Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has provided inventors the choice of submitting a provisional application for a patent. With a provisional patent application, you can work as though you have an early submission date without starting the patent time period.
A provisional patent application additionally offers a lower-cost first submission. The submission charges for a small entity are $140 for a provisional patent application, compared to the $730 that a non-provisional patent application would cost. A provisional patent application additionally allows you to ascertain an early submitting date on a non-provisional patent application that will be filed later.
A Complete Description
The outline of the invention must fulfill the disclosure requirements of 35 U.S.C. 112 as of the filing date. If you happen to complete a provisional patent application cover sheet and attach it to one or more pages and submit the necessary fee, you now have patent pending status, and you'll obtain an official submission receipt from the Patent Office. Giving a complete description of your invention is crucial on a provisional patent application.
How to Prevent a Manufacturer From "Stealing" Your Invention
Most producers are unwilling to sign binding nondisclosure agreements before seeing an invention. Under the current patent legislation revisions (The America Invents Act passed September 12, 2011), any public sale or disclosure previous to submitting a patent application will jeopardize your ability to secure patent protection.
If you need help with your PPA Patent, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.