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The Process of Filing a Provisional Patent

A provisional patent is a type of patent application that can be used to begin the patent process. It provides the initial step to protect an invention or idea by allowing an inventor to establish an early filing date. It also allows an inventor to mark his or her invention as “patent pending” while they are working towards a full patent. To know how to file a transitional patent, you can continue reading this blog.

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Filing a Provisional Patent 

  • Filing a provisional patent can be an in-depth process. The first step is to determine if the invention is eligible to be patented. The invention must be useful, novel, and non-obvious. If the invention meets these requirements, then the inventor should move forward with the process. 
  • Next, the inventor should conduct a patent search to ensure that their invention hasn’t already been patented. This can be done through the Patent and Trademark Office (PTO) website or through a professional patent search service. 
  • Once the inventor has determined that the invention is eligible for a patent and has conducted a patent search, they can begin to prepare the provisional patent application. This application should include a detailed description of the invention, drawings or diagrams, and claims. 
  • After the application is prepared, it should be filed with the PTO. This can be done online or through the mail. Once the application is filed, the inventor will receive a filing receipt. This receipt is proof that the invention is patent pending. 
  • The inventor then has twelve months to prepare and file a non-provisional patent application. This application will go into more detail than the provisional application and will be evaluated by the PTO. If the application is approved, the inventor will be granted a full patent and the invention will be protected.