Securing Your Invention with Patent Pending Protection

At Trenner Law Firm, we understand that your invention is a culmination of your creativity, hard work, and dedication. Protecting your intellectual property is paramount. One of the first steps to securing your invention is with patent pending protection. Filing a Provisional Patent Application (PPA) is an essential process that grants you “patent pending” status. It provides you with a crucial foothold in the patenting process. Our experienced Colorado Patent Attorney, Mark Trenner, and the dedicated team at Trenner Law Firm are here to guide you every step of the way.

What is a Provisional Patent Application?

A Provisional Patent Application (PPA) is a legal document filed with the United States Patent and Trademark Office (USPTO). A PPA establishes an early filing date for your invention. A PPA can be a cost-effective and simplified way to establish an early filing date for your invention. It is valid as a priority document in many countries around the world. Both a non-provisional (regular) patent application and a Provisional Patent Application give you patent pending protection. Unlike a non-provisional (regular) patent application, a Provisional Patent Application does not require formal patent claims or an oath or declaration. The Provisional Patent Application provides you with a 12-month window to further develop your invention. You can also assess its market potential, and decide whether to pursue a full non-provisional patent application.

A provisional patent application is a disclosure document. That is, the words and optional (but recommended) drawings should fully describe the invention in terms that one having ordinary skill in the art can readily understand. When filed at the US PTO, provisional patent applications are assigned a serial number and a filing date and is considered “filed” for purposes of the first-to-file system now in effect in the U.S.

The invention can now be publicly disclosed, sold or offered for sale, or published, without losing any rights to later patent the invention in the United States. In addition, the invention is protected by international treaty in most industrialized countries. That is, any member country of the Paris Convention recognize provisional patent applications as providing a priority filing date for filing in that country, so long as either an international patent application (PCT patent application) is filed, or a national patent application is filed directly in that country, within one (1) year of filing in the United States.

A property right to your invention

Once filed, provisional patent applications are considered a property right. That is, the owner of a provisional patent application can assign or sell the rights to the invention. Or the owner can license the invention.

However, a provisional patent application is never examined by the Patent Office and automatically goes abandoned after one year from the filing date.

Why should you file a provisional patent application if it will go abandoned after one year? There are many reasons that include, but are not limited to:

  1. if you expect to publicly disclose your invention and want to protect foreign filing rights
  2. if you have already publicly disclosed your invention and do not want to lose the right to file in the US for having disclosed your invention for more than one year
  3. if you expect to change or improve your invention during the coming year
  4. if you have a limited budget for filing a patent application
  5. if you want to test the market for your invention.

Advantages of a Provisional Patent Application

  • Establishes Early Filing Date: The date you file your Provisional Patent Application becomes the official date of your invention’s filing. This can be critical in the patenting process, especially in a “first-to-file” system.
  • Patent Pending Protection: Once your application is filed, you can legally mark your invention as “patent pending.” This deters potential competitors and attracts investors.
  • Cost-Effective: Filing a Provisional Patent Application is generally less expensive than a non-provisional patent application. It allows you to secure your invention at a lower initial cost.
  • Flexibility: The 12-month period gives you time to refine your invention, conduct market research, and seek funding. This comes without the immediate pressure of a full patent application.
  • Simplifies the Process: A PPA is less formal and requires fewer details than a non-provisional patent application. This reduces the initial burden on inventors.

Steps to Filing a Provisional Patent Application

  1. Document Your Invention: Trenner Law Firm will help you start by thoroughly documenting your invention. This typically includes detailed descriptions, drawings, diagrams, and any other relevant information that demonstrates the functionality and uniqueness of your invention.
  2. Conduct a Patent Prior Art Search: Perform a Prior Art Search to ensure your invention is unique and not already patented. This step can save you time and resources.
  3. Prepare the Provisional Patent Application: While the requirements for a Provisional Patent Application are less stringent than those for a non-provisional application, it is essential to ensure that your application is comprehensive and accurately describes your invention. Trenner Law Firm can help with drafting a clear and detailed description. We also provide any necessary drawings and identify any potential modifications. It is important that the provisional patent application includes:
    • A written description of the invention
    • Any necessary drawings or diagrams
    • The names of all inventors
    • A cover sheet identifying the application as provisional
  4. File with the USPTO: Submit the application electronically through the USPTO’s Electronic Filing System (EFS-Web). Pay the required filing fee, which varies based on entity status (small, micro, or large). Trenner Law Firm can submit your completed Provisional Patent Application to the USPTO along with the required filing fee. Upon filing, you will receive a filing date and a unique application number. This officially starts patent pending protection. You may now mark your invention as “patent pending.”
  5. Develop and Assess: Trenner Law Firm is available for consulting during the 12-month period. You can use this time to further develop your invention, conduct market research, and evaluate its commercial potential. This is also the time to prepare for the next step. You should file a full utility patent application if you decide to pursue full patent protection.

For detailed instructions on filing a provisional patent application, visit the USPTO’s official guide.

How Colorado Patent Attorney Mark Trenner and Trenner Law Firm Can Help

At Trenner Law Firm, we pride ourselves on providing personalized and comprehensive patent services tailored to meet the unique needs of each inventor. Here’s how we can assist you in filing a Provisional Patent Application:

  • Expert Guidance: With years of experience in patent law, Colorado Patent Attorney Mark Trenner offers expert advice and guidance throughout the entire process, including getting patent pending protection. From initial consultation to filing, we ensure that your application is thorough and meets all USPTO requirements.
  • Detailed Application Preparation: Trenner Law Firm works closely with you to prepare a detailed and accurate application. Our team ensures that all necessary information, descriptions, and drawings are included, maximizing the strength of your application.
  • Strategic Planning: We help you develop a strategic plan for the 12-month period after filing your Provisional Patent Application. This includes advice on further development, market research, and steps to prepare for a full utility patent application.
  • Personalized Service: At Trenner Law Firm, we understand that every invention is unique. We provide personalized service to each client, taking the time to understand your invention and your goals. Our commitment is to help you navigate the patenting process with confidence and ease.

How to Prepare for a Meeting with a Patent Attorney

Meeting with a patent attorney is a critical step in the patenting process. To make the most of your consultation, it’s essential to come prepared. Here’s how:

1. Gather Documentation

Collect all relevant documents, including your invention’s detailed description, drawings, prototypes, and any research or test results. The more information you provide, the better your attorney can understand and protect your invention.

2. Conduct Preliminary Research

Familiarize yourself with basic patent concepts and the patenting process. This will help you ask informed questions and understand your attorney’s advice.

3. List Questions and Concerns

Prepare a list of questions and concerns you have about the patenting process. Some common questions include:

  • What is the likelihood of my invention being patented?
  • What are the costs associated with filing a patent application?
  • How long does the patenting process take?
  • What are the potential obstacles or challenges?

4. Understand Your Goals

Clearly articulate your goals for the patent. Are you looking to license the invention, sell it, or bring it to market yourself? Understanding your objectives will help your attorney tailor their advice to your specific needs.

5. Be Honest and Open

Transparency is key when working with a patent attorney. Be honest about any previous disclosures, existing patents, or potential competitors. This information is crucial for developing a robust patent strategy.

Filing a provisional patent application is a strategic step in protecting your invention. It establishes an early filing date, simplifying the patenting process, and allowing you to use the “patent pending” status. There are numerous other benefits as well. Preparing thoroughly for a meeting with a patent attorney can further enhance your chances of securing a patent. With the guidance of experienced patent attorney Mark Trenner, you can navigate the patenting process with confidence and clarity.

Contact Us

Patent Attorney Mark Trenner has extensive experience in helping inventors navigate the complexities of the patenting process. His expertise in filing provisional patent applications ensures that your invention is adequately protected from the outset. With a commitment to providing personalized and comprehensive legal guidance, Mark Trenner is a trusted partner for inventors seeking to secure their intellectual property.

Take the first step towards securing your invention by filing a Provisional Patent Application with the help of Trenner Law Firm. Contact us today to schedule a consultation with Colorado Patent Attorney Mark Trenner. Let us help you protect your innovation and turn your ideas into reality.

For more information on provisional patent applications, visit the USPTO’s official website and explore their extensive resources and guides.