Provisional Patent Application (PPA) How different is it from formal application? 4
Overview• Types of patent application• Differences between formal and provisional patent applications• Advantages of PPA• Limitations of PPA• How to apply for PPA?
So what kind of Patent Application is suitable for your start-up?
Provisional Patent • Informal patent as it is not examinedWhat? • Without claims, oath, or any information disclosure statement • A protection to avoid other people from stealing your ideas or invention when yourWhy? patent is not entirely completed • Can apply for this for the formal patent to establish an earlier effective filing date • Has to apply for a formal patent withinHow? one year of its filing date
Formal vs Provisional Patents Formal Provisional (PPA)• Most direct and hence, the • Lower costs than applying for shortest route to patent formal patent• Good for inventions with short • Good for inventions that are half-life such as electronics not fully developed and software • Good for keeping invention a• Good for inventions that are secret as long as possible (i.e. already or about to be for another year) launched in the market • Good for adding one year to• Any additions to the invention your patent life has to be re-filed (i.e. from 20 to 21 years) A later priority date to cover any new improvement
Advantages of Provisional Patent• Preserve priority date• Quick and inexpensive way to obtain a filing date right after the invention is conceived• One year delay allows the inventor/s to fully develop the invention before filing for a patent for the full invention
Advantages of Provisional Patent• One more year of patent protection• Patent pending status is granted during the provisional patent protection• Multiple provisional patents can be filed and consolidated into one provisional patent
Limitations of Provisional Patent• Increased total cost in patent application• Invention has to be disclosed (but will be kept confidential from public)• Potential loss of trade secrets• If inventor misses the 1 year deadline of filing for the formal patent, then the invention can no longer be patented.
How to apply for PPA• Cannot be filed online under USPTO• Fill in the following provided by USPTO – provisional cover sheet and – fee transmittal form• Have to be written and completed by – you or – a professional patent agent.
Writing your Provisional application• Claims not required (but advised to include broad claims)• Description + Drawings• Should be clear and concise to be understood by skilled personnel in the field of invention• Should not anything that you want to include as trade secret
About IP guide for Start-upsVisit www.facebook.com/patsnap for your weekly dose of Intellectual Property guide for early ventures, written byPatSnap’s PaTENt minutes’ team.Rev up your IP knowledge in just 10 minutes. Each Patent 10 minutes guide consists of 10 slides.