Understanding Provisional Patent Applications in Chicago
Starting a new business venture or working on an invention can be both exciting and daunting3 min read
Starting a new business venture or working on an invention can be both exciting and daunting. On the one hand, the possibilities are seemingly endless. On the other, the process of getting from concept to commercial success is complex, and sometimes, the legal aspects can be overwhelming. As an inventor, or someone looking to enter the world of patent rights, understanding the peculiarities of the provisional patent application process is an important step in launching a new product or service. This article dives into the details of what a provisional patent application is and what to do to process a provisional application with Chicago-based attorney.
An Overview of Provisional Patent Applications
A provisional patent application is a type of patent application filed with the United States Patent and Trademark Office (USPTO) and intended to enable an inventor or company to reserve a right to the claimed invention while an invention is still in the development stage. A provisional application consists of a provisional specification and any associated drawings and any supplemental information that might be pertinent. This application is not examined, but it provides a priority date to any non-provisional patent application for the same invention, filed within 12 months of the filing date of the provisional patent application.
The Benefits of Filing a Provisional Application
The benefit of filing a provisional application is that, if filed prior to any public disclosure of the invention, it provides the inventor with patent pending status, allowing the inventor to include the phrase “Patent Pending” on any corresponding product or business. Filing prior to any public disclosure also provides certain advantages in the event of a dispute or lawsuit over the invention. Additionally, the filing date of the provisional application may serve as a provisional priority date for the actual, non-provisional patent application related to the invention. This ensures that the inventor does not lose priority to any subsequent inventions or applications that may be related.
Additionally, provisional applications typically cost significantly less to prepare and file than non-provisional applications. Furthermore, some international patent systems in Europe, China, Canada, and elsewhere provide some type of grace period from the public disclosure of the invention to permit a patent application to be filed. However, the duration of the grace periods vary from country to country, and the United States does not offer a grace period. Therefore, filing a provisional application prior to any public disclosure may be essential in order for the inventor to be able to obtain patent rights in other countries in the future.
How To File a Provisional Patent Application in Chicago
For someone based in Chicago, finding a qualified attorney to help process a provisional patent application is an important part of the process. Chicago-based patent attorneys or patent agents are experienced in navigating the USPTO database, knowing how to prepare the disclosure documents needed for a provisional application, filing the provisional patent application in an efficient, cost-effective manner, and conducting pre-filing reviews before the application is actually filed.
UpCounsel’s online network of experienced attorneys has helped many businesses or inventors in the Chicago area file a provisional patent application. Whether you are a Fortune 500 company or a small start-up, UpCounsel’s network of experienced attorneys is always available to provide high quality, cost-effective legal services, like filing a provisional patent application.
Since filing the provisional application does not mean that the invention is covered by a patent, but only that the application is pending, it is important to understand the requirements of how to proceed with the application in order to ensure that the full patent protection is awarded in a timely and effective manner.
Understanding the process of filing a provisional application is key to protecting the invention. Seeking the help of a qualified patent attorney, particularly one based in Chicago, is an important step in launching a new product or service.
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