Patenting an invention can be a lengthy and costly process. This is why the provisional patent application (PPA) was introduced to provide inventors with an affordable way to file a patent application. A PPA is a legal document that establishes an early filing date for an invention and allows the inventor to use the term “patent pending.” While there are benefits to filing a PPA, there are also some downsides to consider.
Today, we will examine both the pros and cons of a provisional patent application.
The Pros of a Provisional Patent Application
1. Affordability
The biggest advantage of a PPA is its affordability. A PPA is less expensive than filing a non-provisional patent application (NPPA). A PPA only requires a basic description of the invention and does not require any formal claims or drawings. This means that the cost of preparing and filing a PPA is significantly lower than the cost of filing an NPPA. This makes a PPA an attractive option for inventors who are on a budget.
2. Early Filing Date
Another advantage of a PPA is that it establishes an early filing date for the invention. This means that the inventor has priority over other inventors who file a patent application for the same invention after the filing date of the PPA. By establishing an early filing date, the inventor has a better chance of securing patent protection for their invention.
3. Patent Pending Status
Once a PPA is filed, the inventor can use the term “patent pending” to describe their invention. This can be a powerful marketing tool as it signals to potential investors and customers that the inventor has taken steps to protect their invention. It also puts competitors on notice that the inventor is serious about protecting their invention.
The Cons of a Provisional Patent Application
1. Limited Protection
One of the downsides of a PPA is that it only provides limited protection. A PPA does not grant a patent and only establishes an early filing date. This means that the inventor will need to file a non-provisional patent application within one year of filing the PPA to secure patent protection. If the inventor fails to file a non-provisional patent application within one year, the PPA will expire, and the inventor will lose their priority date.
2. Incomplete Description
Another downside of a PPA is that it does not require formal claims or drawings. This means that the description of the invention in the PPA may be incomplete or unclear. This can make it more difficult for the inventor to secure patent protection when they file a non-provisional patent application. The description in the PPA should be as detailed and complete as possible to ensure that the inventor has the best chance of securing patent protection.
3. No Examination
A PPA is not examined by the United States Patent and Trademark Office (USPTO). This means that the USPTO does not review the PPA to determine if the invention is patentable. It is up to the inventor to determine if their invention is patentable and to file a non-provisional patent application within one year of filing the PPA. This can be a disadvantage for inventors who are not familiar with patent law or who do not have the resources to hire a patent attorney.
Conclusion
A provisional patent application has both upsides and downsides. The affordability, early filing date, and patent pending status make a PPA an attractive option for inventors who are on a budget or who want to establish priority over other inventors. However, the limited protection, incomplete description, and lack of examination make a PPA less attractive for inventors who want to secure strong patent protection.
Inventors should carefully consider the pros and cons of filing a PPA before making a decision. It is also recommended that inventors consult with a patent attorney to discuss their options and to ensure that their invention is properly protected.
Are you looking for a patent attorney in Washington, DC? The Law Office of Jerry Joseph is here to make sure that your patents are secured in a short amount of time. Contact our office today!
