Understanding the Basics of a Provisional Patent Application in New York
It can be a fairly daunting task to navigate patent processes in the United States3 min read
It can be a fairly daunting task to navigate patent processes in the United States. Especially if you are not familiar with the rules and regulations of the US Patent and Trademark Office (USPTO). If you are a business looking for legal counsel in the state of New York, that understands the local regulations and patent laws in regards to provisional patent application, it is in your best interest to find the right legal advisor. To ensure you have the best support, it is important to have a basic understanding of provisional patent applications.
A provisional patent application is a temporary version of a non provisional utility patent application. This provisional application allows the inventor to have the patent pending status without committing them to handle all of the official paperwork and pay the fees for filing a non provisional patent application.
This provisional patent protection gives the inventor one year to figure out whether they want to commit to filing the full patent application or not. During this one year period of provision patent protection, the inventor can also have all the benefits of a non provisional patent however with a few limitations.
In order to understand the basics of a provisional patent application, it is important to consider the following:
What Is Provisional Patent Protection?
A provisional patent application is the first step to obtaining protection for an invention and obtaining a patent. By simply filing a provisional patent application with the USPTO and declaring that the invention is patented, the inventor can receive a “patent pending” status and protection for their invention during this one year period. It is important for an inventor to note that if they submit a provisional patent application, they will have to upgrade to the non provisional patent application before the one year period time frame expires.
What Are the Requirements for a Provisional Patent in New York?
In order for an inventor to file a Provisional Patent Application in New York, following the US patent law, they must provide the USPTO with the full detailed description of the invention, explaining its features and how they work, as well as some form of a drawing to illustrate the invention. The USPTO will require the applicant to pay certain fees along with the submission process and therefore a provisional patent provides the inventor with an easy way to get a patent pending status and the right to patent the invention.
The inventor is also allowed to publically disclose the invention publicly without affecting the patentability of the invention in the US. This includes the details of the invention, such as its features and how it works, as long as the inventor files a provisional patent application with the USPTO within twelve months after the public disclosure of the invention. The main requirement for a provisional patent in New York would be to have a US patent attorney or agent associated with your application as they are better equipped to advise you on filing requirements and patentability of your invention.
How is a Provisional Patent Different from a Non-Provisional Patent?
Although a provisional patent in New York provides the inventor with temporary patent protection, there are significant differences between a provisional patent and a non-provisional (utility) patent. A non-provisional patent requires much more formal paperwork and also requires a more detailed patent claim. This type of patent is also examined more thoroughly by the USPTO, rather than just granting it a “patent pending” status. Typically, this is done within 18 months of the filing date, or within 12 months if the USPTO declares an expedited examination process.
At the same time, the non-provisional patent is much more expensive to obtain and also much more restrictive. Furthermore, a non-provisional patent will remain valid for 20 years from the date it was filed, while a provisional patent is only valid for one year.
Conclusion:
Provisional patent applications are a great way to navigate patent law in New York. They provide protection during the one year period, however they do have restrictions and limitations compared to a non provisional patent. In order to receive the most benefits from the provisional patent process, it is important to speak to a professional patent attorney or agent to ensure you understand all the regulations and laws regarding this process.
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