A provisional application protects an innovation or concept for a limited time and costs less than a full patent application (formally called a non-provisional patent application). Both processes are handled by the USPTO in the United States.
What Is a Provisional Patent Application (PPA)?
Patent-pending products have been filed for a provisional patent application. The United States Patent and Trademark Office (USPTO) created a document known as PPA that covers a new invention for a period of 12 months before submitting a formal patent application. Inventions are allowed time to be presented, evaluated for commercial viability, or developed before committing to time-consuming and expensive patent applications.
PPAs (Provisional Patent Applications)
Despite its benefits, provisional patents also have some drawbacks.
Validity – During the 12-month validity period, a provisional patent application serves as a placeholder. Patent applications can only become non-provisional after 12 months.
You may lose your concept if you fail to comply by the deadline. You cannot extend the deadline.
Protection is limited. Because provisional patent applications are frequently filed in a hurry, inventors frequently leave out key application elements. They have a false sense of security as a result of this. In actuality, in order to obtain complete protection, a provisional patent application must fulfill all of the same standards as a full non-provisional application. If a detail or component is overlooked, another individual may be able to get a patent on those characteristics.
Costs not included. While a provisional patent application is reasonably affordable, a full non-provisional application must be paid for within twelve months. This is in addition to the PPA charge you previously paid, so you wind up paying more in total.
- Provisional design innovations applications are not permitted.
- Provisional applications are not taken into account on their own.
- Provisional applications are not eligible for a previously filed application’s advantage.
Particular Points to Consider
A provisional patent is not the same as a provisional patent application in India. A patent application does not imply acceptance or even review of an idea or invention. After 12-months, regardless of how comprehensive the patent application is, its protection expires.
A provisional patent application documents an idea and indicates that the applicant intends to pursue the details in a full patent application. It essentially prevents another innovator from claiming to have had the identical idea at a previous time. It might be viewed as the initial step toward obtaining a patent. Filing the Provisional Patent Application is Easy Now With Vakilsearch.
Provisional Patent Application Requirements (PPA)
A provisional patent application should include the names of all inventors (s). The USPTO further recommends that any drawings required to comprehend the invention be included in the petition.
The filing fee and the cover sheet should be included with a provisional patent application
- The residence of the inventor (s)
- Title of invention
- Lawyer’s name, registration number, and docket number (if applicable)
- Address for correspondence
- The application belongs to any US government agency.
Conclusion
A provisional patent application is a low-cost and quick approach to get 12-month protection for an idea, allowing the inventor to test and refine a concept before seeking a full patent: https://ipindia.gov.in/. Reach out to the experts at Vakilsearch if you need one, or for more information on the right type of patent application for you. Our experts have handled thousands of intellectual property-related matters and will be well placed to advise you on your best possible course of action.
Also Read:
